The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024

Amendment of the Universal Credit Regulations 2013

14.—(1) The Universal Credit Regulations 2013(1) are amended as follows.

(2) In regulation 2 (interpretation), after the definition of “partner”, insert—

““pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;”.

(3) In regulation 14(1)(b) (exceptions to the requirement not to be receiving education), after “attendance allowance”, insert “, pension age disability payment”.

(4) In regulation 41(2)(a) (when an assessment may be carried out), after “attendance allowance”, insert “, pension age disability payment”.

(5) In regulation 83(1) (exceptions - entitlement or receipt of certain benefits)—

(a) after sub-paragraph (c), insert—

“(ca) a claimant is receiving pension age disability payment;”;

(b) at the end of sub-paragraph (h)(iva) omit “or”;

(c) after sub-paragraph (h)(v) insert—

“or

(vi) in the case of pension age disability payment, is not receiving it by virtue of regulation 19 (effect of admission to a care home on ongoing entitlement to pension age disability payment) or regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024(2);”.

(6) After paragraph 5(3)(b)(ii) of Schedule 3 (claimants treated as occupying or not occupying accommodation), insert—

“(iia) pension age disability payment,”.

(7) In Schedule 4 (housing costs element for renters)—

(a) in paragraph 12—

(i) after sub-paragraph (3)(a)(ii), insert—

“(iia) pension age disability payment;”;

(ii) after sub-paragraph (6A)(a)(ii), insert—

“(iia) pension age disability payment at the higher rate in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024;”;

(b) in paragraph 15—

(i) after sub-paragraph (2)(c), insert—

“(ca) a person in receipt of pension age disability payment;”;

(ii) in sub-paragraph (2)(e)—

(aa) after “(c),” insert “(ca),”;

(bb) at the end of sub-paragraph (iv), omit “or”;

(cc) after sub-paragraph (v), insert—

“, or

(vi) regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024.”;

(c) in paragraph 16—

(i) after sub-paragraph (2)(d), insert—

“(da) a person in receipt of pension age disability payment;”;

(ii) in sub-paragraph (2)(f)—

(aa) after “(d),” insert “(da),”;

(bb) at the end of sub-paragraph (iv), omit “or”;

(cc) after sub-paragraph (v), insert—

“, or

(vi) regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;”.

(8) In paragraph 5 of Schedule 9 (circumstances in which a claimant is to be treated as having limited capability for work and work-related activity), after “attendance allowance”, insert “, pension age disability payment”.

(1)

S.I. 2013/376; relevant amending instruments are S.I. 2013/630, 2013/2828, 2015/1754, 2017/213, 2020/827, 2021/786, 2021/1188, 2021/1224 and 2022/177.

(2)

S.S.I. 2024/166.