The Disability Assistance for Working Age People (Scotland) Regulations 2022

1. Introductory Text

2. PART 1 Introductory and interpretation

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 Disability Assistance for Working Age People

   1. 3. Overview

   2. 4. Entitlement to other benefits

4. PART 3 Eligibility: Daily Living Component and Mobility Component

   1. 5. Daily Living Component

   2. 6. Mobility Component

   3. 7. Determination of ability to carry out activities

   4. 8. Scoring for daily living activities

   5. 9. Scoring for mobility activities

   6. 10. Scoring: further provision

5. PART 4 Required Period Condition

   1. 11. Required Period Condition: daily living component

   2. 12. Required Period Condition: mobility component

   3. 13. The relevant date

   4. 14. The relevant date: Adult Disability Payment after an interval

6. PART 5 Residence and Presence Conditions

   1. 15. Residence and presence conditions

   2. 16. Temporary absence from the common travel area

   3. 17. Serving members of Her Majesty’s forces, civil servants and their family members

   4. 18. Aircraft workers, mariners and continental shelf operations

   5. 19. Persons residing in the United Kingdom to whom a relevant EU regulation applies

   6. 20. Persons residing outside the United Kingdom to whom a relevant EU regulation applies

   7. 21. Refugees

7. PART 6 Entitlement under rules relating to age

   1. 22. Age Criteria

   2. 23. Exceptions: Adult Disability Payment after an interval and after reaching the relevant age

   3. 24. Persons who have reached the relevant age: other exceptions

   4. 25. Determination of an award after the person has reached the relevant age

8. PART 7 Entitlement under special rules for terminal illness

   1. 26. Entitlement under special rules for terminal illness

9. PART 8 Effect of time spent in care homes, hospital and legal detention

   1. 27. Effect of admission to a care home on ongoing entitlement to daily living component

   2. 28. Effect of admission to hospital on ongoing entitlement to Adult Disability Payment

   3. 29. Exception: Hospices

   4. 30. Effect of legal detention on ongoing entitlement to Adult Disability Payment

   5. 31. Calculation of periods of time spent in a care home, hospital or legal detention

   6. 32. Entitlement beginning while in alternative accommodation

10. PART 9 Making of applications and payments and duration of eligibility

    1. 33. Making Payments

    2. 34. Amount and form of Adult Disability Payment

    3. 35. When an application is to be treated as made and beginning of entitlement to assistance

    4. 36. Time of Payment

    5. 37. Continuing Eligibility

    6. 38. Circumstances in which assistance may be suspended

    7. 39. Having regard to financial circumstances

    8. 40. Information to be given following suspension

    9. 41. Right to review suspension

    10. 42. Ending a suspension

    11. 43. Effect of suspension ending

    12. 44. Form of payment – giving Adult Disability Payment by way of deduction

    13. 45. When an increase in level of entitlement takes effect

    14. 46. When a decrease in level or cessation of entitlement takes effect

11. PART 10 Determination of entitlement to Adult Disability Payment without application

    1. 47. Consideration of entitlement after specified period

    2. 48. Determination following change of circumstances etc.

    3. 49. Determination following official error – underpayments

    4. 50. Determination following error – overpayments

    5. 51. Determination to effect a deduction decision

12. PART 11 Movement of individuals between Scotland and the rest of the United Kingdom

    1. 52. Individuals in respect of whom Personal Independence Payment is paid in another part of the United Kingdom immediately before moving to Scotland

    2. 53. Individuals in respect of whom Adult Disability Payment is paid at the time of moving to another part of the United Kingdom

13. PART 12 Periods in respect of a re-determination request

    1. 54. Periods in respect of a re-determination request

14. PART 13 Provision of vehicles

    1. 55. Payment of mobility component to authorised providers of vehicles for individuals with disabilities

    2. 56. Vehicles for persons with disabilities – powers of appointees

15. PART 14 Initial period for applications

    1. 57. Initial period for applications

16. PART 15 Applications for Adult Disability Payment by individuals entitled to Child Disability Payment

    1. 58. Applications by individuals entitled to Child Disability Payment

    2. 59. Determination without an application - terminal illness

17. PART 16 Transfer from Personal Independence Payment to Adult Disability Payment

    1. 60. Transfer from Personal Independence Payment to Adult Disability Payment

18. PART 17 Qualifications and experience necessary to carry out assessments

    1. 61. Qualifications and experience necessary to carry out assessments

19. PART 18 Short-term assistance

    1. 62. Entitlement to short-term assistance

20. PART 19 Consequential amendment

    1. 63. Consequential amendment

21. PART 20 Transitory provision

    1. 64. Transitory provision – initial period for applications

    2. 65. Exclusion to transitory provision

22. Signature

23. 1. SCHEDULE 1

       ADULT DISABILITY PAYMENT DETERMINATION

       1. PART 1 Interpretation

          1. 1. In this schedule— “aided” means with— the use of an...

       2. PART 2 Daily Living Activities

       3. PART 3 Mobility Activities

    2. SCHEDULE 2

       1. PART 1 Short-term assistance

          1. 1. Entitlement to short-term assistance

          2. 2. Value and form

          3. 3. End of entitlement

          4. 4. Reduction of payment of Adult Disability Payment where short-term assistance is paid

       2. PART 2 Initial period for applications

          1. 5. Initial period for applications

          2. 6. Local authority areas for initial period for applications

       3. PART 3 Transfer from Personal Independence Payment to Adult Disability Payment

          1. 7. Interpretation

          2. 8. Notice of intention to transfer to Adult Disability Payment

          3. 9. Determination without application of entitlement to Adult Disability Payment

          4. 10. Effect of determination on entitlement to Personal Independence Payment

          5. 11. Exceptions to paragraph 9(5)

          6. 12. Change of Circumstances

          7. 13. Effect of legal detention on payment of the mobility component: 16 and 17 year olds

          8. 14. Modification of these Regulations: transferring individuals

          9. 15. Appointees

       4. PART 4 Consequential amendments

          1. 16. (1) The Social Security Contributions and Benefits Act 1992 is...

24. Explanatory Note