The Disability Assistance for Working Age People (Scotland) Regulations 2022

Regulation 2

SCHEDULE 1 S ADULT DISABILITY PAYMENT DETERMINATION

PART 1 S Interpretation

1.  In this schedule— S

“aided” means with—

(a)

the use of an aid or appliance, or

(b)

supervision, prompting or assistance,

“assistance” means physical intervention by another person and does not include speech,

“assistance dog” means a dog trained to guide or assist a person with a sensory impairment,

“basic verbal information” means information in the individual’s native language conveyed verbally in a simple sentence and excludes information that is not communicated orally or received aurally,

“basic written information” means signs, symbols and dates written or printed in standard size text in the individual’s native language,

“bathe” includes get into or out of an unadapted bath or shower,

“communication support” means support from a person trained or experienced in communicating with people in general, or the individual in particular, with specific communication needs, including interpreting verbal information into a non-verbal form and vice versa,

“complex budgeting decisions” means decisions involving—

(a)

calculating household and personal budgets,

(b)

managing and paying bills, and

(c)

planning future purchases,

“complex verbal information” means information in the individual’s native language conveyed verbally in either more than one sentence or one complicated sentence and excludes information that is not communicated orally or received aurally,

“complex written information” means more than one sentence of written or printed standard size text in the individual’s native language,

“cook” means heat food at or above waist height,

“dress” includes put on socks and shoes,

“engage socially” means—

(a)

interact with others in a contextually and socially appropriate manner,

(b)

understand body language, and

(c)

establish relationships,

“follow the route of a journey” means for an individual to navigate and make their way along a planned route to a planned destination,

“manage incontinence” means manage involuntary evacuation of the bowel or bladder, including using a collecting device or self-catheterisation, and clean oneself afterwards,

“manage medication” means take medication which improves the individual’s symptoms or health, or, take medication where failure to do so is likely to result in a deterioration in the individual’s health,

“manage therapy” means undertake therapy which improves the individual’s symptoms or health, or, undertake therapy where a failure to do so is likely to result in a deterioration in the individual’s health,

“medication” means medication to be taken at home which is prescribed or recommended by a—

(a)

registered—

(i)

medical practitioner,

(ii)

nurse,

(iii)

pharmacist, or

(b)

health professional who is registered by the Health and Care Professions Council,

“monitor a health condition” means—

(a)

detect significant changes in the individual’s health condition which are likely to lead to a deterioration in the individual’s health, and

(b)

take action advised by a—

(i)

registered medical practitioner,

(ii)

registered nurse, or

(iii)

health professional who is registered by the Health and Care Professions Council,

without which the individual’s health is likely to deteriorate,

“orientation aid” means a specialist aid designed to assist disabled people to follow a route safely,

“prepare”, in the context of food, means make food ready for cooking or eating,

“prompting” means reminding, encouraging or explaining by another person,

“psychological distress” means distress related to an enduring mental condition or an intellectual or cognitive impairment,

“read” includes read signs, symbols and words but does not include read Braille,

“simple budgeting decisions” means decisions involving—

(a)

calculating the cost of goods, and

(b)

calculating change required after a purchase,

“simple meal” means a cooked one-course meal for one using fresh ingredients,

“social support” means support from a person trained or experienced in assisting people in general, or the individual in particular, to engage in social situations,

“stand” means stand upright with at least one biological foot on the ground,

“supervision” means the continuous presence of another person for the purpose of ensuring an individual’s safety,

“take nutrition” means—

(a)

cut food into pieces, convey food and drink to one’s mouth and chew and swallow food and drink, or

(b)

ingest nutrition by using a therapeutic source,

“therapeutic source” means parenteral or enteral tube feeding, using a rate-limiting device such as a delivery system or feed pump,

“therapy” means therapy to be undertaken at home which is prescribed or recommended by a—

(a)

registered—

(i)

medical practitioner,

(ii)

nurse, or

(iii)

pharmacist, or

(b)

health professional regulated by Health and Care Professions Council,

but does not include taking or applying, or otherwise receiving or administering, medication (whether orally, topically or by any other means), or any action which, in the individual’s case, falls within the definition of “monitor a health condition”,

“toilet needs” means—

(a)

getting on and off an unadapted toilet,

(b)

evacuating the bladder and bowel, and

(c)

cleaning oneself afterwards,

“unaided” means without—

(a)

the use or aid of an appliance, or

(b)

supervision, prompting or assistance,

“undress” includes take off socks and shoes.

Commencement Information

I1 Sch. 1 para. 1 in force at 21.3.2022, see reg. 1

PART 2 S Daily Living Activities

Commencement Information

I2 Sch. 1 Pt. 2 in force at 21.3.2022, see reg. 1

Column 1 Activity	Column 2 Descriptors	Column 3 Points
1. Preparing food.	a. Can prepare and cook a simple meal unaided.	0
	b. Needs to use an aid or appliance to be able to either prepare or cook a simple meal.	2
	c. Cannot cook a simple meal using a conventional cooker but is able to do so using a microwave.	2
	d. Needs prompting to be able to either prepare or cook a simple meal.	2
	e. Needs supervision or assistance to either prepare or cook a simple meal.	4
	f. Cannot prepare and cook food.	8
2. Taking nutrition.	a. Can take nutrition unaided.	0
	b. Needs— (i) to use an aid or appliance to be able to take nutrition, or (ii) supervision to be able to take nutrition, or (iii) assistance to be able to cut up food.	2
	c. Needs a therapeutic source to be able to take nutrition.	2
	d. Needs prompting to be able to take nutrition.	4
	e. Needs assistance to be able to manage a therapeutic source to take nutrition.	6
	f. Cannot convey food and drink to their mouth and needs another person to do so.	10
3. Managing therapy or monitoring a health condition.	a. Either— (i) does not receive medication or therapy or need to monitor a health condition, or (ii) can manage medication or therapy or monitor a health condition unaided.	0
	b. Needs any one or more of the following— (i) to use an aid or appliance to be able to manage medication, (ii) supervision, prompting or assistance to be able to manage medication, (iii) supervision, prompting or assistance to be able to monitor a health condition.	1
	c. Needs supervision, prompting or assistance to be able to manage therapy that takes no more than 3.5 hours a week.	2
	d. Needs supervision, prompting or assistance to be able to manage therapy that takes more than 3.5 but no more than 7 hours a week.	4
	e. Needs supervision, prompting or assistance to be able to manage therapy that takes more than 7 but no more than 14 hours a week.	6
	f. Needs supervision, prompting or assistance to be able to manage therapy that takes more than 14 hours a week.	8
4. Washing and bathing.	a. Can wash and bathe unaided.	0
	b. Needs to use an aid or appliance to be able to wash or bathe.	2
	c. Needs supervision or prompting to be able to wash or bathe.	2
	d. Needs assistance to be able to wash either their hair or body below the waist.	2
	e. Needs assistance to be able to get in or out of an unadapted bath or shower.	3
	f. Needs assistance to be able to wash their body between the shoulders and waist.	4
	g. Cannot wash and bathe at all and needs another person to wash their entire body.	8
5. Managing toilet needs or incontinence.	a. Can manage toilet needs or incontinence unaided.	0
	b. Needs to use an aid or appliance to be able to manage toilet needs or incontinence.	2
	c. Needs supervision or prompting to be able to manage toilet needs.	2
	d. Needs assistance to be able to manage toilet needs.	4
	e. Needs assistance to be able to manage incontinence of either bladder or bowel.	6
	f. Needs assistance to be able to manage incontinence of both bladder and bowel.	8
6. Dressing and undressing.	a. Can dress and undress unaided.	0
	b. Needs to use an aid or appliance to be able to dress or undress.	2
	c. Needs either— (i) prompting to be able to dress, undress or determine appropriate circumstances for remaining clothed, or (ii) prompting or assistance to be able to select appropriate clothing.	2
	d. Needs assistance to be able to dress or undress their lower body.	2
	e. Needs assistance to be able to dress or undress their upper body.	4
	f. Cannot dress or undress at all.	8
7. Communicating verbally.	a. Can express and understand basic and complex verbal information unaided.	0
	b. Needs to use an aid or appliance to be able to speak or hear.	2
	c. Needs communication support to be able to express or understand complex verbal information.	4
	d. Needs communication support to be able to express or understand basic verbal information.	8
	e. Cannot express or understand verbal information at all even with communication support.	12
8. Reading and understanding signs, symbols and words.	a. Can read and understand basic and complex written information either unaided or using spectacles or contact lenses.	0
	b. Needs to use an aid or appliance, other than spectacles or contact lenses, to be able to read or understand either basic or complex written information.	2
	c. Needs prompting to be able to read or understand complex written information.	2
	d. Needs prompting to be able to read or understand basic written information.	4
	e. Cannot read or understand signs, symbols or words at all.	8
9. Engaging socially with other people face to face.	a. Can engage socially with other people unaided.	0
	b. Needs prompting to be able to engage socially with other people.	2
	c. Needs social support to be able to engage socially with other people.	4
	d. Cannot engage socially with other people due to such engagement causing either— (i) overwhelming psychological distress to the individual, or (ii) the individual to exhibit behaviour which would result in substantial risk of harm to the individual or another person.	8
10. Making budgeting decisions.	a. Can manage complex budgeting decisions unaided.	0
	b. Needs prompting or assistance to be able to make complex budgeting decisions.	2
	c. Needs prompting or assistance to be able to make simple budgeting decisions.	4
	d. Cannot make any budgeting decisions at all.	6

PART 3 S Mobility Activities

Commencement Information

I3 Sch. 1 Pt. 3 in force at 21.3.2022, see reg. 1

Column 1 Activity	Column 2 Descriptors	Column 3 Points
1. Planning and following journeys.	a. Can plan and follow the route of a journey unaided.	0
	b. Needs the prompting of another person to be able to undertake any journey to avoid overwhelming psychological distress to the individual.	4
	c. Cannot plan the route of a journey.	8
	d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid.	10
	e. Cannot undertake any journey because it would cause overwhelming psychological distress to the individual.	10
	f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid.	12
2. Moving around.	a. Can stand and then move more than 200 metres, either aided or unaided.	0
	b. Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided.	4
	c. Can stand and then move unaided more than 20 metres but no more than 50 metres either aided or unaided.	8
	d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres, either aided or unaided.	10
	e. Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided.	12
	f. Cannot, either aided or unaided,— (i) stand, or (ii) move more than 1 metre.	12