The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025

Amendment of the Universal Credit Regulations 2013

15.—(1) The Universal Credit Regulations 2013(1) are amended as follows.

(2) In regulation 2 (interpretation), after the definition of “National Minimum Wage Regulations”, insert—

““Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”.

(3) In regulation 14(1)(b) (exceptions to the requirement not to be receiving education), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

(4) In regulation 24(2) (the child element)—

(a) in sub-paragraph (a), after “disability living allowance”, insert “, Scottish adult disability living allowance”;

(b) in sub-paragraph (b), after “disability living allowance at the highest rate”, insert “, the care component of Scottish adult disability living allowance at the highest rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”.

(5) In regulation 41(2)(a) (when an assessment may be carried out), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

(6) In regulation 83(1) (exceptions – entitlement or receipt of certain benefits)—

(a) after sub-paragraph (f), insert—

“(fa) a claimant, or qualifying young person for whom a claimant is responsible, is receiving Scottish adult disability living allowance;”;

(b) omit the “or” after sub-paragraph (h)(v);

(c) after sub-paragraph (h)(vi), insert—

“or

(vii) in the case of Scottish adult disability living allowance, is not receiving it by virtue of regulation 22 (effect of admission to a care home on ongoing entitlement to care component) or regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”.

(7) After paragraph 5(3)(b)(ia) of Schedule 3 (claimant treated as occupying or not occupying accommodation), insert—

“(ib) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025,”.

(8) In Schedule 4 (housing costs element for renters)—

(a) in paragraph 12—

(i) after sub-paragraph (3)(a)(ia), insert—

“(ib) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”;

(ii) after sub-paragraph (6A)(a)(ia), insert—

“(ib) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”;

(b) in paragraph 15—

(i) after sub-paragraph (2)(ba), insert—

“(bb) a person in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”;

(ii) in sub-paragraph (2)(e)—

(aa) after “(b)”, insert “, (bb)”;

(bb) omit the “or” after paragraph (v);

(cc) after paragraph (vi), insert—

“, or

(vii) regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025.”;

(c) in paragraph 16—

(i) after sub-paragraph (2)(c), insert—

“(ca) a person in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate;”;

(ii) in sub-paragraph (2)(f)—

(aa) after “(c)”, insert “, (ca)”;

(bb) omit the “or” after paragraph (v);

(cc) after paragraph (vi), insert—

“, or

(vii) regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”;

(d) after paragraph 29(5)(aa), insert—

“(ab) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”.

(9) In paragraph 6 of Schedule 8 (circumstances in which a claimant is to be treated as having limited capability for work), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

(10) In paragraph 5 of Schedule 9 (circumstances in which a claimant is to be treated as having limited capability for work and work-related activity), after “disability living allowance at the highest rate”, insert “, the care component of Scottish adult disability living allowance at the highest rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”.

(1)

S.I. 2013/376; relevant amending instruments are S.I. 2013/630, 2013/2828, 2015/1754, 2016/678, 2017/213, 2020/827, 2021/786, 2021/1188, 2021/1224, 2022/177 and 2024/919.