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The Disability Assistance for Older People (Scotland) Regulations 2024

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Disability Assistance for Older People (Scotland) Regulations 2024 No. 166

PART 1Disability assistance for older people

Overview

3.—(1) An individual is entitled to Pension Age Disability Payment in accordance with these Regulations if the individual meets the eligibility rules in—

(a)regulation 4 (entitlement to other benefits),

(b)regulations 9 to 16 (residence and presence conditions),

(c)regulation 17 (age criteria), and

(d)one or more of the following—

(i)regulation 5 (eligibility criteria: daytime and night-time condition and required period),

(ii)regulation 7 (entitlement to Pension Age Disability Payment when undergoing renal dialysis),

(iii)regulation 18 (entitlement under special rules for terminal illness).

(2) There are 2 weekly rates of Pension Age Disability Payment and those rates are specified in regulation 26 (amount and form of Pension Age Disability Payment).

Entitlement to other benefits

4.  An individual is not entitled to Pension Age Disability Payment while they are entitled to—

(a)Adult Disability Payment,

(b)armed forces independence payment,

(c)Attendance Allowance,

(d)Disability Living Allowance, or

(e)Personal Independence Payment.

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