The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025

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1. Introductory Text

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   PART 1 Introductory and interpretation

   1. 1. Citation and commencement

   2. 2. Interpretation

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   PART 2 Scottish Adult Disability Living Allowance

   1. 3. Overview

   2. 4. Relevant status

   3. 5. Entitlement to other benefits

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   PART 3 Eligibility: care component and mobility component

   1. 6. Care component criterion: lowest, middle or highest rate care component

   2. 7. Mobility requirements: lower rate mobility component

   3. 8. Mobility requirements: higher rate mobility component

   4. 9. Exclusion of entitlement to mobility component

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   PART 4 Residence and Presence Conditions

   1. 10. Residence and presence conditions

   2. 11. Temporary absence from the common travel area

   3. 12. Serving members of His Majesty’s forces, civil servants and their family members

   4. 13. Aircraft workers, mariners and continental shelf operations

   5. 14. Persons residing in the United Kingdom to whom a relevant EU regulation applies

   6. 15. Persons residing outside the United Kingdom to whom a relevant EU regulation applies

   7. 16. No entitlement to care component where UK is not competent state

   8. 17. Refugees

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   PART 5 Entitlement under rules relating to age

   1. 18. Age criteria

   2. 19. Determination of an award after the person has reached the relevant age

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   PART 6 Entitlement under special rules for terminal illness and when undergoing dialysis

   1. 20. Entitlement under special rules for terminal illness

   2. 21. Entitlement to middle rate of care component when undergoing dialysis

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   PART 7 Effect of time spent in care homes, hospital and legal detention

   1. 22. Effect of admission to a care home on ongoing entitlement to care component

   2. 23. Effect of admission to hospital on ongoing entitlement to Scottish Adult Disability Living Allowance

   3. 24. Exception: Hospices

   4. 25. Effect of legal detention on ongoing entitlement to Scottish Adult Disability Living Allowance

   5. 26. Calculation of periods of time spent in a care home, hospital or legal detention

   6. 27. Entitlement beginning while in alternative accommodation

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   PART 8 Making payments and duration of eligibility

   1. 28. Making Payments

   2. 29. Amount and form of Scottish Adult Disability Living Allowance

   3. 30. Adjustment of payment where medical expenses are paid from public funds under war pensions instrument

   4. 31. Time of Payment

   5. 32. Continuing Eligibility

   6. 33. Circumstances in which assistance may be suspended

   7. 34. Having regard to financial circumstances

   8. 35. Information to be given following suspension

   9. 36. Right to review suspension

   10. 37. Ending a suspension

   11. 38. Effect of suspension ending

   12. 39. Form of payment – giving Scottish Adult Disability Living Allowance by way of deduction

   13. 40. When an increase in level of entitlement takes effect

   14. 41. When a decrease in level or cessation of entitlement takes effect

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    PART 9 Determination of entitlement to Scottish Adult Disability Living Allowance without application

    1. 42. Consideration of entitlement after specified period

    2. 43. Determination following change of circumstance etc.

    3. 44. Determination following official error – underpayments

    4. 45. Determination following error – overpayments

    5. 46. Determination to effect a deduction decision

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    PART 10 Movement of individuals between Scotland and the rest of the UK

    1. 47. Individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom before moving to Scotland

    2. 48. Individuals in respect of whom Scottish Adult Disability Living Allowance is paid at the time of moving to another part of the United Kingdom

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    PART 11 Periods in respect of a re-determination request

    1. 49. Periods in respect of a re-determination request

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    PART 12 Provision of vehicles

    1. 50. Payment of mobility component to authorised providers of vehicles for individuals with disabilities

    2. 51. Vehicles for persons with disabilities – powers of appointees

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    PART 13 Short-term assistance

    1. 52. Entitlement to short-term assistance

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    PART 14 Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance

    1. 53. Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance

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    PART 15 Reinstatement of entitlement within a year

    1. 54. Reinstatement of entitlement within a year

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    PART 16 Consequential Amendment

    1. 55. Consequential amendment

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    PART 17 Miscellaneous amendments

    1. 56. Miscellaneous amendments

19. Signature

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       SCHEDULE 1

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          PART 1 Short-term assistance

          1. 1. Entitlement to short-term assistance

          2. 2. Value and form

          3. 3. End of entitlement

          4. 4. Reduction of Scottish Adult Disability Living Allowance where short-term assistance has been paid

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          PART 2 Transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance

          1. 5. Relevant individuals

          2. 6. Notice of intention to transfer to Scottish Adult Disability Living Allowance

          3. 7. Determination without application of entitlement to Scottish Adult Disability Living Allowance

          4. 8. Effect of transfer determination on entitlement to Disability Living Allowance

          5. 9. Exceptions to paragraph 7(5)

          6. 10. Review determinations

          7. 11. Appointees

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          PART 3 Reinstatement of entitlement within a year

          1. 12. Reinstatement of entitlement to Scottish Adult Disability Living Allowance within a year

          2. 13. Request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended

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       SCHEDULE 2

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          PART 1 Consequential amendment

          1. 1. (1) The Social Security Contributions and Benefits Act 1992 is...

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          PART 2 Miscellaneous amendments

          1. 2. (1) The Disability Assistance for Working Age People (Scotland) Regulations...

          2. 3. (1) The Disability Assistance for Older People (Scotland) Regulations 2024...

21. Explanatory Note