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);”.

(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.