The Disability Assistance for Older People (Scotland) Regulations 2024

1. Introductory Text

2. PART 1 Introductory and interpretation

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 Disability assistance for older people

   1. 3. Overview

   2. 4. Entitlement to other benefits

4. PART 3 Eligibility

   1. 5. Eligibility criteria: daytime and night-time condition and required period

   2. 6. Eligibility criteria: rates of Pension Age Disability Payment

   3. 7. Entitlement to Pension Age Disability Payment when undergoing renal dialysis

5. PART 4 Pension Age Disability Payment after an interval

   1. 8. Pension Age Disability Payment after an interval

6. PART 5 Residence and Presence Conditions

   1. 9. Residence and presence conditions

   2. 10. Temporary absence from the common travel area

   3. 11. Serving members of His Majesty’s forces, civil servants and their family members

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

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

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

   7. 15. Refugees

   8. 16. Persons to whom a relevant EU regulation applies and entitlement to Pension Age Disability Payment

7. PART 6 Entitlement under rules relating to age

   1. 17. Age Criteria

8. PART 7 Entitlement under special rules for terminal illness

   1. 18. Entitlement under special rules for terminal illness

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

   1. 19. Effect of admission to a care home on ongoing entitlement to Pension Age Disability Payment

   2. 20. Effect of admission to hospital on ongoing entitlement to Pension Age Disability Payment

   3. 21. Exception: Hospices

   4. 22. Effect of legal detention on ongoing entitlement to Pension Age Disability Payment

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

   6. 24. Entitlement beginning while in alternative accommodation

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

    1. 25. Making payments

    2. 26. Amount and form of Pension Age Disability Payment

    3. 26A. Adjustment of payment where medical expenses are paid from public funds under war pensions instrument

    4. 27. When an application is to be treated as made and beginning of entitlement to assistance

    5. 28. Time of payment

    6. 29. Continuing eligibility

    7. 30. Circumstances in which assistance may be suspended

    8. 31. Having regard to financial circumstances

    9. 32. Information to be given following suspension

    10. 33. Right to review suspension

    11. 34. Ending a suspension

    12. 35. Effect of suspension ending

    13. 36. Form of payment – giving Pension Age Disability Payment by way of deduction

    14. 37. When an increase in level of entitlement takes effect

    15. 38. When a decrease in level or cessation of entitlement takes effect

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

    1. 39. Consideration of entitlement after specified period

    2. 40. Determination following change of circumstances etc.

    3. 41. Determination following official error – underpayments

    4. 42. Determination following error – overpayments

    5. 43. Determination to effect a deduction decision

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

    1. 44. Individuals in respect of whom Attendance Allowance is paid in another part of the United Kingdom immediately before moving to Scotland

    2. 45. Individuals in respect of whom Pension Age 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. 46. Periods in respect of a re-determination request

14. PART 13 Short-term assistance

    1. 47. Entitlement to short-term assistance

15. PART 14 Initial period for applications

    1. 48. Initial period for applications

16. PART 15 Transfer from Attendance Allowance to Pension Age Disability Payment

    1. 49. Transfer from Attendance Allowance to Pension Age Disability Payment

17. PART 16 Transitory Provision

    1. 50. Transitory provision – initial period for applications

    2. 51. Exclusion to transitory provision

18. PART 17 Consequential amendment

    1. 52. Consequential amendment

19. PART 18 Miscellaneous amendments

    1. 53. The amendments specified in Part 5 of the schedule have...

20. Signature

21. 1. SCHEDULE

       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 Pension Age 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 Attendance Allowance to Pension Age Disability Payment

          1. 7. Interpretation

          2. 8. Notice of intention to transfer to Pension Age Disability Payment

          3. 9. Determination without application of entitlement to Pension Age Disability Payment

          4. 10. Effect of determination on entitlement to Attendance Allowance

          5. 11. Exceptions to paragraph 9(4)

          6. 12. Modification of these Regulations: transferring individuals

          7. 13. Appointees

       4. PART 4 Consequential amendment

          1. 14. (1) The Social Security Contributions and Benefits Act 1992 is...

       5. PART 5 Miscellaneous amendments

          1. 15. (1) The Disability Assistance for Children and Young People (Scotland)...

          2. 16. (1) The Disability Assistance for Working Age People (Scotland) Regulations...

22. Explanatory Note