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

Amendment of the Jobseeker’s Allowance Regulations 1996

6.—(1) The Jobseeker’s Allowance Regulations 1996(1) are amended as follows.

(2) In regulation 1(3) (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 regulation 51(3)(c)(i), (ii) and (iv) (remunerative work), after “attendance allowance” in each place it occurs, insert “, pension age disability payment”.

(4) In regulation 140(1)(h)(i) to (iii) (meaning of “person in hardship”), after “attendance allowance” in each place it occurs, insert “, pension age disability payment”.

(5) In regulation 146A(1)(e)(i) to (iii) (meaning of “couple in hardship”), after “attendance allowance” in each place it occurs, insert “, pension age disability payment”.

(6) In paragraph 3(a) of Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b))—

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

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

(c) after paragraph (iii) insert—

“(iiia) 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”.

(7) In Schedule 1 (applicable amounts)—

(a) in paragraph 8(2), after “attendance allowance”, insert “, pension age disability payment”;

(b) in paragraph 14(1)—

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

(ii) at the end of paragraph (g)(iii), omit “or”;

(iii) after paragraph (g)(iv), insert—

“or

(v) entitled to pension age disability payment 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;”;

(iv) in the words after the new sub-paragraph (g)(v) for “(iv)” substitute “(v)”;

(c) in paragraph 15—

(i) in sub-paragraphs (2)(a) and (4)(a), after “attendance allowance”, insert “, pension age disability payment”;

(ii) after sub-paragraph (5)(ab), insert—

“(ac) 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;”;

(d) in paragraph 20D(2), after “attendance allowance”, insert “, pension age disability payment”.

(8) In paragraph 17 of Schedule 2 (housing costs)—

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

“(ia) pension age disability payment, or”;

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

(1)

S.I. 1996/207; relevant amending instruments are S.I. 1996/1516, 2000/1978, 2003/511, 2013/388, 2013/591, 2021/786 and 2022/177.