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The Disability Assistance for Working Age People (Scotland) Regulations 2022
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- Scottish Statutory Instruments
- 2022 No. 54
- PART 15
- Regulation 58
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Changes over time for: Section 58
Version Superseded: 20/11/2023
Alternative versions:
- 21/03/2022- Amendment
- 29/08/2022- Amendment
- 29/08/2022
Point in time - 20/11/2023- Amendment
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Point in time view as at 29/08/2022. This version of this provision has been superseded.
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The Disability Assistance for Working Age People (Scotland) Regulations 2022, Section 58 is up to date with all changes known to be in force on or before 07 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Applications by individuals entitled to Child Disability PaymentS
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58.—(1) This regulation applies where an individual who is entitled to Child Disability Payment makes an application for Adult Disability Payment.
(2) Where, on the basis of that application a determination is made that the individual is entitled to Adult Disability Payment, the date on which their entitlement begins is to be the date when the Scottish Ministers make the determination.
[F1(3) Where an individual receives a determination that they are entitled to a rate of Adult Disability Payment which is higher than the rate of Child Disability Payment they were entitled to immediately before their entitlement to Adult Disability Payment begins, paragraph (4) applies.
(4) The individual is to receive a payment equal to the value of Adult Disability Payment they would have received for the period specified in paragraph (5), reduced by the amount of Child Disability Payment that they were entitled to for the same period.
(5) The period specified for the purposes of paragraph (4) is the period between the date—
(a)their entitlement to Adult Disability Payment would have begun if this regulation did not apply to the individual, in terms of regulation 35(4) to (6), and
(b)their entitlement to Adult Disability Payment begins in terms of paragraph (2).]
Textual Amendments
F1Reg. 58(3)-(5) substituted for reg. 58(3) (29.8.2022) by The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 19(11)
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