- Latest available (Revised)
- Original (As made)
The Disability Assistance for Working Age People (Scotland) Regulations 2022
You are here:
- Scottish Statutory Instruments
- 2022 No. 54
- PART 8
- Regulation 31
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Disability Assistance for Working Age People (Scotland) Regulations 2022. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 4(ba) inserted by S.S.I. 2024/141 reg. 12(3)
- reg. 26(12)(a)(iia) inserted by S.S.I. 2024/141 reg. 12(4)
Calculation of periods of time spent in a care home, hospital or legal detentionS
This section has no associated Policy Notes
31.—(1) Subject to paragraphs (3) to (6), a period during which an individual is—
(a)resident in a care home for the purpose of regulation 27,
(b)an in-patient in hospital or similar institution for the purpose of regulation 28,
(c)in legal detention for the purpose of regulation 30, or
(d)resident in a care home, an in-patient in a hospital or similar institution, or in legal detention for the purposes of regulation 32,
is to be determined in accordance with this regulation.
(2) Such a period is to be taken to—
(a)begin on the day after the day on which the individual enters the place, and
(b)end on the day before the day on which the individual leaves the place.
(3) Where an individual takes a period of leave from a place mentioned in paragraph (1), the days on which the individual begins and returns from leave are not to be counted as days of residence in that place.
(4) Days constituting a period of leave are not to be counted as days of residence in a place.
(5) Where an individual enters a place (“the second place”) under paragraph (1) as a result of transfer from another place (“the first place”) under that paragraph—
(a)the day of transfer is to be counted as a day of residence in the second place, and
(b)for the purposes of calculating when the individual has been in the second place for 28 days for the purposes of regulations 27(2), 28(2) and 30(3)—
(i)the days that they were resident in the first place are to be treated as days of residence in the second place,
(ii)if they were resident in the first place for more than 28 days, the individual is to be treated as though they have been resident in the second place for 28 days on the day before the day of transfer, and
(c)the period of residence in the first place is deemed to end on the day on which the period of residence in the second place ends.
(6) For the purposes of this regulation, ‘days of residence’ means—
(a)days resident in a care home in terms of regulation 27 or 32,
(b)days as an in-patient in hospital or similar institution in terms of regulation 28 or 32, and
(c)days in legal detention in terms of regulation 30 or 32.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Policy Note
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.