The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024

Transitional provision – extinguishment of right to apply for Attendance Allowance

14.—(1) No person may claim attendance allowance who—

(a) during the initial period for applications for pension age disability payment—

(i) in phase 1 is resident in the local authority area of Argyll and Bute, Highland, Orkney Islands, City of Aberdeen, or Shetland Islands,

(ii) in phase 2 is resident in the local authority area of Argyll and Bute, Highland, Orkney Islands, City of Aberdeen, Shetland Islands, Moray, Aberdeenshire, East Ayrshire, North Ayrshire, South Ayrshire, Western Isles, Stirling, Clackmannan, Falkirk, Fife, Angus, City of Dundee, or Perthshire and Kinross, or

(b) after the expiry of the initial period for applications—

(i) is resident in Scotland, or

(ii) is a person to whom regulation 9(3) (residence and presence conditions – individuals resident in Ireland), regulation 11 (serving members of His Majesty’s forces, civil servants and their family members) or regulation 14 (persons residing outside the United Kingdom to whom a relevant EU regulation applies) of the Pension Age Disability Payment Regulations applies.

(2) In this regulation—

“attendance allowance” means assistance payable under section 64 of the Social Security Contributions and Benefits Act 1992(1),

“initial period for applications” means the period referred to in regulation 50 (transitory provision – initial period for applications) of the Pension Age Disability Payment Regulations, beginning with 21 October 2024 and ending with 21 April 2025 and references to phases of that period are to be construed in accordance with regulation 50(3) of those Regulations,

“pension age disability payment” means disability assistance for older people payable under the Pension Age Disability Payment Regulations,

“Pension Age Disability Payment Regulations” means the Disability Assistance for Older People (Scotland) Regulations 2024(2).

(1)

1992 c. 4. Section 64 was amended by section 66(1) of the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 41 of schedule 1 of the Pensions Act 2007 (c. 22), paragraph 5(2) and 5(3) of schedule 9 of the Welfare Reform Act 2012 (c. 5) and by S.S.I. 2022/335.

(2)

S.S.I. 2024/166.