The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022

Amendment of the National Bus Travel Concession Scheme for Older and Disabled Persons (Eligible Persons and Eligible Services) (Scotland) Order 2006

11.—(1) The National Bus Travel Concession Scheme for Older and Disabled Persons (Eligible Persons and Eligible Services) (Scotland) Order 2006(1) is amended in accordance with paragraphs (2), (3) and (4).

(2) In article 2 (interpretation) after the definition of “the 1992 Act” insert—

““adult disability payment” means disability assistance for adults given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations  2022(2),”.

(3) In article 3 (eligible persons)—

(a) in paragraph (b) after sub-paragraph (iiic) insert—

“(iiid) the standard or enhanced rate of the daily living component of adult disability payment in accordance with regulation 5 (daily living component) of the Adult Disability Payment Regulations, or short-term assistance in accordance with Part 1 of schedule 2 (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the standard or enhanced rate of the daily living component of adult disability payment,

(iiie) the mobility component of adult disability payment in accordance with regulation 6 (mobility component) of the Adult Disability Payment Regulations, or short-term assistance in accordance with Part 1 (short-term assistance) of schedule 2 of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the mobility component of adult disability payment,”,

(b) after paragraph (e) insert—

“(ea) persons of fare paying age who are living in a residential home or hospital or similar institution and who are eligible for the standard or enhanced rate of the daily living component, or for the mobility component, of adult disability payment, or short-term assistance in accordance with Part 1 ) of schedule 2 (short-term assistance) of the Adult Disability Payment Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the standard or enhanced rate of the daily living component or the mobility component of adult disability payment,”,

(c) in paragraph (k) after sub-paragraph (iia) insert—

“(iiaa) are in receipt of the standard or enhanced rate of the daily living component of adult disability payment in accordance with regulation 5 of the Adult Disability Payment Regulations, or short-term assistance in accordance with Part 1 of schedule 2 (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the standard or enhanced rate of the daily living component of adult disability payment,”,

(d) in paragraph (k) after sub-paragraph (iii) insert—

“(iiia) are living in a residential home or hospital or similar institution and who are eligible for the standard or enhanced rate of the daily living component of adult disability payment, or short-term assistance in accordance with Part 1 of schedule 2 (short-term assistance) of the Adult Disability Payment Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the standard or enhanced rate of the daily living component of adult disability payment,”.

(4) In article 3A—

(a) at the end of paragraph (1) substitute “and (3)” for “, (3) and (4)”,

(b) after paragraph (3) insert—

“(4) References to “the Adult Disability Payment Regulations” are to the Disability Assistance for Working Age People (Scotland) Regulations 2022(3).”.

(1)

S.S.I. 2006/117, relevantly amended by S.S.I. 2013/65, S.S.I. 2021/73, S.S.I. 2021/122 and S.S.I. 2021/175.

(2)

S.S.I. 2022/54.

(3)

S.S.I. 2022/54.