The Scotland Act 2016 (Social Security) (Adult Disability Payment and Child Disability Payment) (Amendment) Regulations 2022 No. 335

PART 2 AMENDMENT OF PRIMARY LEGISLATION: ENGLAND AND WALES, AND SCOTLAND

Prevention of overlapping payments: Attendance Allowance, Disability Living Allowance and Personal Independence Payment

Amendment of the Social Security Contributions and Benefits Act 1992

2.—(1) The Social Security Contributions and Benefits Act 1992(1) is amended as follows.

(2) In section 64 (attendance allowance), in subsection (1A)(2), after paragraph (a) insert—

“(aa) adult disability payment;”.

(3) In section 71 (disability living allowance), in subsection (7), for “Child Disability Payment” substitute “adult disability payment or child disability payment”.

(4) In section 122 (interpretation of Parts 1 to 6 and supplementary provisions), in subsection (1)—

(a) after the definition of “additional primary percentage”, insert—

““adult disability payment” means disability assistance given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022;”;

(b) for the definition of “Child Disability Payment”(3), substitute—

““child disability payment” means disability assistance given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (S.S.I. 2021/174);”.

Amendment of the Welfare Reform Act 2012

3.—(1) The Welfare Reform Act 2012(4) is amended as follows.

(2) In section 77 (personal independence payment), in subsection (4)(5), for “Child Disability Payment” substitute “adult disability payment or child disability payment”.

(3) In section 95 (interpretation of Part 4)—

(a) at the appropriate place insert—

““adult disability payment” means disability assistance given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022;”;

(b) for the definition of “Child Disability Payment”(6) substitute—

““child disability payment” means disability assistance given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (S.S.I. 2021/174);”.

(1)

1992 c. 4.

(2)

Section 64(1A) is inserted by paragraph 5(3) of Schedule 9 to the Welfare Reform Act 2012 (c. 5).

(3)

The definition is inserted by S.I. 2021/804.

(4)

2012 c. 5.

(5)

Section 77(4) is inserted by S.I. 2021/804.

(6)

The definition is inserted by S.I. 2021/804.