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

Amendment of the Income Support (General) Regulations 1987

4.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “pay period”, insert—

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

(3) In paragraph 4(a) of Schedule 1B (persons caring for another person)—

(a) in sub-paragraph (i), after “attendance allowance”, insert “, pension age disability payment”;

(b) in sub-paragraph (ii), after “attendance allowance”, insert “or pension age disability payment”;

(c) after sub-paragraph (iia) insert—

“(iib) the person being cared for has claimed pension age disability payment, the claim is treated as made at a later date in accordance with regulation 27(2) (when an application is to be treated as made) of the Disability Assistance for Older People (Scotland) Regulations 2024, an award has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the payment; or”.

(4) In Schedule 2 (applicable amounts)—

(a) in paragraph 7(2), after “attendance allowance”, insert “, pension age disability payment”;

(b) in paragraph 10(1)(b)(i), for “or (d)” substitute “(d) or (e)”;

(c) in paragraph 11(1)(b)(ii), for “or (d)” substitute “(d) or (e)”;

(d) in paragraph 12(1)—

(i) in paragraph (a)(i), after “attendance allowance”, insert “, pension age disability payment”;

(ii) after paragraph (d)(ii), insert—

“; or

(e) except where paragraph 2A of Schedule 7 (patients) applies, the claimant or, as the case may be, the claimant’s partner was in receipt of pension age disability payment—

(i) but no amount is payable in accordance with 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; and

(ii) a higher pensioner premium or disability premium has been applicable to the claimant.”;

(e) in paragraph 13—

(i) in sub-paragraph (2)(b)(i), after “attendance allowance”, insert “, pension age disability payment”;

(ii) in sub-paragraph (3)(a), after “attendance allowance”, insert “, pension age disability payment”;

(iii) after sub-paragraph (3A)(d), insert—

“;

(e) as being in receipt of pension age disability payment if they would, but for 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, be so in receipt.”.

(5) In paragraph 18 of Schedule 3 (housing costs)—

(a) after sub-paragraph (6)(b)(i), insert—

“(ia) pension age disability payment;”;

(b) in sub-paragraph (8)(a), after “attendance allowance”, insert “, pension age disability payment”.

(1)

S.I. 1987/1967; relevant amending instruments are S.I. 1988/663, 1990/1776, 1991/2742, 1994/2139, 1995/482, 1996/1517, 2000/681, 2001/589, 2002/2497, 2002/3019, 2003/2379, 2003/455, 2007/719, 2009/1488, 2013/388, 2013/591, 2021/786, 2022/177 and 2023/1218.