SCHEDULE 5DISABILITY ASSISTANCE REGULATIONS
PART 2ASSISTANCE TO BE GIVEN
CHAPTER 1VALUE
Nature and extent of disability
I113
The regulations may make the value of the disability assistance that is to be given to an individual depend on the nature and extent of―
a
the individual's impairment,
b
the needs of the individual in consequence of the impairment.
Age
I214
The regulations may make the value of the disability assistance that is to be given to an individual depend on the individual's age.
F1Power to set value of assistance as nil
14A
1
Provision may be made in the regulations for the value of the disability assistance that is to be given to an individual in respect of a period to be £0, but—
a
such provision must be framed so as to apply by reference to at least one of the following matters—
i
the individual being resident and present in a particular place during the period,
ii
the individual being in receipt of another type of assistance (whether under this Act or another enactment) during the period, and
b
the Scottish Ministers may only make such provision where they consider that it would be in the interests of the individuals to whom it applies to be entitled to disability assistance with a value of £0 in respect of a period rather than not being entitled to disability assistance at all.
2
Nothing in sub-paragraph (1)(a) is to be taken to preclude provision being framed so as to apply by reference to further matters in addition to those mentioned there.
CHAPTER 2FORM
Meeting liabilities
I315
The regulations may provide for the disability assistance that is to be given to an individual to be given (in whole or in part) by way of—
a
payment to another person in order to meet, or contribute towards meeting, any liability the individual has to that person,
b
deduction from any liability the individual has to the Scottish Ministers under section 63.
Payment to someone else
I416
The regulations may provide that, if the Scottish Ministers consider it appropriate in the circumstances, the disability assistance that is to be given to an individual may be given (in whole or in part) by way of payment to another person who is to use the payment to benefit the individual entitled to the assistance.
Restriction on giving assistance in a form other than money
I517
1
The regulations may allow disability assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual's behalf) has agreed to the assistance being given in that form.
2
If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual's behalf) to withdraw agreement to being given disability assistance in a form other than money at any time.
3
Despite sub-paragraph (1), the regulations may provide for disability assistance to be given (in whole or in part) by way of deduction, at a reasonable level, from any liability the individual has to the Scottish Ministers under section 63 if the individual has unreasonably refused to agree to the assistance being given in that form.
4
For the purpose of sub-paragraph (3), “reasonable level” means a level that is reasonable having regard to the financial circumstances of the individual.
Restriction on lump sums
I618
The regulations may not provide for the disability assistance that is to be given to an individual to be given by way of a lump-sum payment where the individual's entitlement arises on account of the individual having, or having had—
a
pneumoconiosis,
b
byssinosis,
c
diffuse mesothelioma,
d
bilateral diffuse pleural thickening, or
e
primary carcinoma of the lung where there is accompanying evidence of—
i
asbestosis,
ii
bilateral diffuse pleural thickening, or
iii
both.
Sch. 5 para. 14A inserted (26.7.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 13(3)(a), 18(2)(3); S.S.I. 2021/232, reg. 2(g)