SCHEDULE 5DISABILITY ASSISTANCE REGULATIONS
PART 1ELIGIBILITY
CHAPTER 2FURTHER CRITERIA
Nature and extent of disability and needs
3
The regulations may make an individual’s eligibility depend on the nature and extent of—
(a)
the individual’s impairment,
(b)
the needs of the individual in consequence of the impairment.
Residence and presence
4
The regulations may make an individual’s eligibility depend on the individual being resident and present in a particular place.
Age
5
The regulations may make an individual’s eligibility depend on the individual’s age.
Financial circumstances
6
Subject to paragraph 7, the regulations may not make an individual’s eligibility depend on the financial circumstances of either or both—
(a)
the individual, and
(b)
anyone who lives with the individual.
Receipt of, or eligibility for, other types of State assistance
7
The regulations may make an individual’s eligibility depend on the individual—
(a)
being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),
(b)
being, or not being, eligible or entitled to receive such assistance.
Application within specified period
8
The regulations may provide that an individual ceases to be eligible in respect of a given period unless, by a deadline specified in the regulations—
(a)
the individual has applied for disability assistance in respect of the period, or
(b)
the Scottish Ministers have become required to make a determination of the individual’s entitlement to disability assistance in respect of the period by regulations under section 52.