The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024

Amendment of the Employment and Support Allowance Regulations 2008

13.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “pay period”, insert—

““pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;”.

(3) In regulation 158(3)(b), (c), (d)(i) and (ii) (meaning of “person in hardship”), after “attendance allowance”, insert “, pension age disability payment”.

(4) In Schedule 4 (amounts)—

(a) after paragraph 4(2)(a), insert—

“(aa) pension age disability payment;”;

(b) in paragraph 6—

(i) in sub-paragraphs (2)(a)(i) and (b)(i), for “or attendance allowance” substitute “, attendance allowance or pension age disability payment”;

(ii) in sub-paragraph (2)(b)(ii), for “or attendance allowance”, in both places it occurs, substitute “, attendance allowance or pension age disability payment”;

(iii) in sub-paragraph (4)(a), after “attendance allowance”, insert “, pension age disability payment”;

(iv) after sub-paragraph (5)(d), insert—

“;

(e) as being in receipt of pension age disability payment if the person would, but for regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024, be so in receipt.”.

(5) In paragraph 19 of Schedule 6 (housing costs)—

(a) after sub-paragraph (6)(b)(i), insert—

“(ia) pension age disability payment;”;

(b) in sub-paragraph (8)(a), after “attendance allowance”, insert “, pension age disability payment”.

(1)

S.I. 2008/794; relevant amending instruments are S.I. 2011/2425, 2011/2428, 2013/388, 2013/591, 2015/1754, 2021/786, 2022/177 and 2023/1218.