PART 2AMENDMENT 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 19922

1

The Social Security Contributions and Benefits Act 19923 is amended as follows.

2

In section 64 (attendance allowance), in subsection (1A)4, 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”5, 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);