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The Disability Assistance for Working Age People (Scotland) Regulations 2022
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This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Disability Assistance for Working Age People (Scotland) Regulations 2022 No. 54
Form of payment – giving Adult Disability Payment by way of deduction
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44.—(1) Where an individual has a liability to the Scottish Ministers under section 63 of the 2018 Act (liability for assistance given in error), the individual’s payment of Adult Disability Payment may be given (in whole or in part) by way of deduction, at a reasonable level, from that liability either—
(a)with the agreement of the individual, or
(b)without the individual’s agreement, where the individual has unreasonably refused to agree to the assistance being given in that form.
(2) For the purpose of paragraph (1), “reasonable level” means a level that is reasonable having regard to the financial circumstances of the individual.
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