11.—(1) Where the Scottish Ministers have—
(a)received information from the Secretary of State for Work and Pensions that the transferring individual is terminally ill in terms of section 82 of the Welfare Reform Act 2012 immediately before the date of transfer, or
(b)not received information from the Secretary of State for Work and Pensions that the transferring individual is terminally ill in terms of section 82 of the Welfare Reform Act 2012, but become aware, before they have made a determination under paragraph 9(1), that the individual has a terminal illness in terms of regulation 18(6) (entitlement under special rules for terminal illness),
the determination made under paragraph 9(1) must be made on the basis that the transferring individual satisfies the conditions for the higher rate of Pension Age Disability Payment.
(2) Where sub-paragraph (1) applies—
(a)paragraphs (3) to (5) of regulation 18 do not apply, and
(b)the transferring individual’s entitlement to Pension Age Disability Payment will commence on whichever is the later of—
(i)the date that these Regulations come into force,
(ii)the day that the clinical judgement was made in accordance with regulation 18(6), or
(iii)the day one year before the determination was made in accordance with paragraph 9(1).
(3) Where sub-paragraph (1)(a) applies, paragraphs (7), (8) and (9) of regulation 18 (entitlement under special rules for terminal illness) are to be treated as satisfied for the individual.
(4) Where sub-paragraph 2(b) applies—
(a)section 64(1A) of the Social Security Contributions and Benefits Act 1992, and
(b)regulation 4(b) of these Regulations (entitlement to other benefits),
do not apply in respect of the period between commencement of entitlement to Pension Age Disability Payment and cessation of entitlement to Attendance Allowance.
Commencement Information
I1Sch. para. 11 in force at 21.10.2024, see reg. 1(2)