CHAPTER 2SFURTHER CRITERIA
Nature and extent of disability and needsS
3SThe regulations may make an individual's eligibility depend on the nature and extent of—
(a)the individual's impairment,
(b)the needs of the individual in consequence of the impairment.
Commencement Information
I1Sch. 5 para. 3 in force at 8.10.2020 by S.S.I. 2020/295, reg. 2(c)
Residence and presenceS
4SThe regulations may make an individual's eligibility depend on the individual being resident and present in a particular place.
Commencement Information
I2Sch. 5 para. 4 in force at 8.10.2020 by S.S.I. 2020/295, reg. 2(c)
AgeS
5SThe regulations may make an individual's eligibility depend on the individual's age.
Commencement Information
I3Sch. 5 para. 5 in force at 8.10.2020 by S.S.I. 2020/295, reg. 2(c)
Financial circumstancesS
6SSubject to paragraph 7, the regulations may not make an individual's eligibility depend on the financial circumstances of either or both—
(a)the individual, and
(b)anyone who lives with the individual.
Commencement Information
I4Sch. 5 para. 6 in force at 8.10.2020 by S.S.I. 2020/295, reg. 2(c)
Receipt of, or eligibility for, other types of State assistanceS
7SThe regulations may make an individual's eligibility depend on the individual—
(a)being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),
(b)being, or not being, eligible or entitled to receive such assistance.
Commencement Information
I5Sch. 5 para. 7 in force at 8.10.2020 by S.S.I. 2020/295, reg. 2(c)
Application within specified periodS
8SThe regulations may provide that an individual ceases to be eligible in respect of a given period unless, by a deadline specified in the regulations—
(a)the individual has applied for disability assistance in respect of the period, or
(b)the Scottish Ministers have become required to make a determination of the individual's entitlement to disability assistance in respect of the period by regulations under section 52.
Commencement Information
I6Sch. 5 para. 8 in force at 8.10.2020 by S.S.I. 2020/295, reg. 2(c)