The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023

Amendment of the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022

5.—(1) The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022(1) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 3 (notice of intention to transfer to Adult Disability Payment), for paragraph (3) substitute—

“(3) Where a notice under paragraph (1) is given—

(a) to a transferring individual who, before a transfer determination is made ceases to be ordinarily resident in Scotland, or

(b) in error where the individual is neither—

(i) ordinarily resident in Scotland, nor

(ii) an individual who is habitually resident in an EEA state, Gibraltar or Switzerland and has a genuine and sufficient link to Scotland,

the duty on the Scottish Ministers in regulation 4(1) does not apply.”.

(3) In regulation 10 (modification of the ADP Regulations: transferring individuals), omit paragraphs (f) and (g).

(4) In regulation 11 (appointees)(2), after paragraph (2) insert—

“(3) The duty in paragraph (2) does not apply where the Scottish Ministers have already appointed the person mentioned in paragraph (1) to act on behalf of that transferring individual under section 85B of the 2018 Act.”.

(5) For regulation 14 (change of circumstances), substitute—

“Change of circumstances

14.   Where the Scottish Ministers are making a review determination of an individual’s entitlement to Adult Disability Payment, where the individual, before a transfer determination is made, reported a change of circumstances to the Secretary of State for Work and Pensions which had not been taken into account for the individual’s entitlement to Disability Living Allowance, the change of circumstances—

(a) is not to be regarded as relating to the individual’s entitlement to Disability Living Allowance, and

(b) is to be taken into consideration by the Scottish Minister in making the review determination.”.

(6) In regulation 15 (when an increase in level of entitlement takes effect), after paragraph (2), insert—

“(3) Where paragraph (1) applies, regulation 45 of the ADP Regulations does not apply.”.

(7) For regulation 16 (when a decrease in level or cessation of entitlement takes effect), substitute—

“When a decrease in level or cessation of entitlement takes effect

16.— (1)  Where an individual’s entitlement to Adult Disability Payment is determined in the review determination to be at a lower rate than, or the same rate as awarded by, the transfer determination, entitlement under the review determination will take effect on the day that the Scottish Ministers make the review determination.

(2) Where paragraph (1) applies, regulation 46 of the ADP Regulations does not apply.”.

(1)

S.S.I. 2022/217.

(2)

Regulation 11 was amended by S.I. 1991/2741, S.I. 1999/2572, S.I. 2002/2441, S.I. 2003/492, S.I. 2005/337, S.I. 2007/2470, S.I. 2013/458 and S.I. 2021/804.