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

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The Disability Assistance for Working Age People (Scotland) Regulations 2022, Section 45 is up to date with all changes known to be in force on or before 21 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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When an increase in level of entitlement takes effectS

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45.—(1) Where, as a result of a determination without an application, the amount of Adult Disability Payment payable in respect of an individual is increased or their entitlement to a component is awarded, the change takes effect—

(a)in the case of an increase pursuant to a determination made under regulation [F148(c), 48(d) or 48(e)] (determination following change of circumstances etc.) on the day after the day on which Personal Independence Payment [F2or Disability Living Allowance] ceased to be paid in respect of the individual,

(b)in the case of an award of entitlement to a component or an increase pursuant to a determination made in accordance with regulation 48(a) that affects their eligibility under regulation 5 (daily living component) or regulation 6 (mobility component), on the date when—

(i)if as a result of the individual reporting the change—

(aa)if the individual reports the change within one month of the change occurring, the individual first satisfies the requirements for a higher rate of the daily living or mobility component,

(bb)if the individual reports the change within more than one month but not more than 13 months of the change occurring, the individual first satisfies the requirements for a higher rate of the [F3daily living] or mobility component, but only if the Scottish Ministers consider that the individual had good reason for not notifying the change within one month, or

(cc)in any other case, the individual reports the change.

(ii)if as a result of the Scottish Ministers becoming aware that a determination of an individual’s entitlement was made in ignorance of a material fact, on the date when the Scottish Ministers make the determination.

(c)in the case of an earlier determination which was based on official error F4... within the meaning of regulation 49 (determination following official error – underpayments) or on error within the meaning of regulation 50 (determination following error – overpayments), F5... on the date when the earlier determination took effect, F6...

[F7(ca)in the case of a determination made in accordance with regulation 48(a), where the period that an individual has been—

(i)resident in a care home for the purpose of regulation 27,

(ii)an in-patient in hospital or similar institution for the purpose of regulation 28,

(iii)in legal detention for the purpose of regulation 30, or

(iv)resident in a care home, an in-patient in a hospital or similar institution, or in legal detention for the purposes of regulation 32,

has come to an end, on the day on which the individual leaves the place, or]

(d)in any other case, on the date when the Scottish Ministers make the determination.

(2) Where the Scottish Ministers consider that in all the circumstances it would be unjust not to do so, they may, when making their determination, set an earlier date for the purposes of paragraph (1)(b), (c) or (d).

(3) This regulation does not apply to an individual to whom regulation 26 (entitlement under special rules for terminal illness) applies.

(4) Where an individual has previously received Adult Disability Payment for a period and a determination without application has subsequently been made that the same individual is entitled to Adult Disability Payment at a higher rate for that period, that individual will be entitled to the difference between the value of entitlement to Adult Disability Payment under the subsequent determination and the value of Adult Disability Payment to which that individual was previously entitled for that period.

Textual Amendments

Modifications etc. (not altering text)

C1Reg. 45 excluded (20.11.2023) by S.S.I. 2022/217, reg. 15(3) (as inserted by The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/346), regs. 1, 5(6))

Commencement Information

I1Reg. 45 in force at 21.3.2022, see reg. 1

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