The Disability Assistance for Older People (Scotland) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for Pension Age Disability Payment which is a type of disability assistance given by the Scottish Ministers under section 31 of the Social Security (Scotland) Act 2018.

Part 2 provides an overview of arrangements for payment of disability assistance for older people (“Pension Age Disability Payment”).

Part 3 deals with eligibility for the assistance on account of satisfying the daytime or the night-time condition and the required period of 26 weeks, makes provision for when an individual may be awarded lower rate or higher rate of Pension Age Disability Payment, and sets rules for entitlement to Pension Age Disability Payment when an individual is undergoing renal dialysis outwith a hospital.

Part 4 makes provision for circumstances where individuals had previous awards of Attendance Allowance or Pension Age Disability Payment within two years of an application.

Part 5 sets out the residence and presence conditions for entitlement to the assistance.

Part 6 sets out the entitlement rules relating to age.

Part 7 sets out the rules for entitlement to the assistance on account of having a terminal illness.

Part 8 sets out the effects on payment of the assistance when an individual is resident in a care home, hospital or legal detention.

Part 9 deals with payments, the amount and form of the assistance, the making of applications, the beginning of entitlement to the assistance, time of payment, and continuing eligibility. It also provides for circumstances in which the assistance may be suspended, giving assistance by way of deduction, and when increases or decreases of entitlement take effect.

Part 10 deals with reconsideration of entitlement, where an award of assistance has already been made and is being revisited. It provides for determinations without application to be made where a specified period has elapsed, there is a change in circumstances, to address error or official error or to effect a deduction decision.

Part 11 provides for the situation where people in Scotland in receipt of the assistance move to another part of the United Kingdom, or people in another part of the United Kingdom in receipt of the equivalent assistance, Attendance Allowance, move to Scotland.

Part 12 provides for time periods for dealing with requests for re-determination of entitlement.

Part 13 and Part 1 of the schedule deal with entitlement to short-term assistance, to bridge the gap, in the event that entitlement to the assistance is reduced or removed. This is payable, in certain circumstances, during the time when the change in entitlement is being reviewed but the outcome is not yet known.

Part 14, Part 16 and Part 2 of the schedule make provision for the initial period for applications.

Part 15 and Part 3 of the schedule make provision to transfer individuals who meet the residence and presence conditions and are awarded Attendance Allowance to become entitled to the assistance.

Part 17 and Part 4 of the schedule make provision for a consequential amendment to the Social Security Contributions and Benefits Act 1992.

Part 18 and Part 5 of the schedule make provision for miscellaneous amendments to the Disability Assistance for Children and Young People (Scotland) Regulations and the Disability Assistance for Working Age People (Scotland) Regulations 2022.