The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024

Amendment of the Council Tax Reduction (Scotland) Regulations 2021

18.—(1) The Council Tax Reduction (Scotland) Regulations 2021(1) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 4 (interpretation) after the definition of ““residential accommodation”” insert—

““Scottish adult disability living allowance” means—

(a)

a Scottish adult disability living allowance given in accordance with the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025(2), and

(b)

where short-term assistance is being given under Part 1 of schedule 1 (short-term assistance) of those Regulations, the “earlier determination” referred to in paragraph 1(1)(a) of schedule 1 is to be deemed to continue in payment for the purposes of these Regulations,”.

(3) In regulation 77 (treatment of childcare charges (applicants with no award of universal credit))—

(a) in paragraph (12)(f)—

(i) at the end of head (xi) omit “or”,

(ii) at the end of head (xii) insert “or”,

(iii) after head (xii) insert—

“(xiii) Scottish adult disability living allowance,”,

(b) in paragraph (15)(a) after “disability living allowance,” insert “Scottish adult disability living allowance,”.

(4) In regulation 90 (non-dependant deductions)—

(a) in paragraph (6)(b)—

(i) at the end of head (vi) omit “or”,

(ii) after head (vii) insert—

“, or

(viii) the care component of Scottish adult disability living allowance.”,

(b) in paragraph (9)(a), after “disability living allowance,” insert “Scottish adult disability living allowance,”.

(5) In schedule 1 (applicable amount)—

(a) in paragraph 6(4) after “the 1992 Act,” insert “the care component of Scottish adult disability living allowance at the highest or middle rate,”,

(b) in paragraph 12(1)(a)—

(i) in sub-head (i) after “disability living allowance,” insert “Scottish adult disability living allowance,”,

(ii) after sub-head (iiib) insert—

“(iiic) would be in receipt of Scottish adult disability living allowance were it not for regulation 22(2) (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025,”,

(c) in paragraph 13 in sub-paragraphs (2)(a)(i), (2)(b)(i), (2)(b)(ii), (4)(a) and 5(a) after “the 1992 Act,” insert “the care component of Scottish adult disability living allowance at the highest or middle rate,”,

(d) after paragraph 14(1)(g) insert—

“,

(h) the care component of Scottish adult disability living allowance at the highest rate is payable or would be payable were it not for regulation 22(2) (effect of admission to hospital on ongoing entitlement to adult disability payment) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2024, in respect of the applicant or the applicant’s partner”.

(6) In schedule 2 (amount of second adult rebate) in paragraph 2(a) after “disability living allowance,” insert “Scottish adult disability living allowance,”.

(1)

S.S.I. 2021/249, as relevantly amended by S.S.I. 2021/249, S.S.I. 2022/52, S.S.I. 2022/161, S.S.I. 2022/271, S.S.I. 2023/38, S.S.I. 2023/46, S.S.I. 2023/258, S.S.I. 2024/141 and S.S.I. 2024/230.

(2)

S.S.I. 2025/XXX.