The Disability Assistance for Older People (Scotland) Regulations 2024

Modification of these Regulations: transferring individuals

12.  These Regulations apply to a transferring individual on and after the date of transfer with the following modifications—

(a) regulation 10 (temporary absence from the common travel area) is to be read as if—

(i) after paragraph (2) there is inserted—

“(3) Where an individual is temporarily absent from the common travel area on the date of transfer, the period at paragraph (1)(a) or (b) is to commence on the date Scottish Ministers identify as the commencement of the temporary absence from the common travel area.”,

(b)

regulation 18 (entitlement under special rules for terminal illness) is to be read as if paragraph (10) reads “Where an individual has previously received Pension Age Disability Payment or a benefit listed in paragraph (11)(a) for a period (during which period any payment of attendance allowance paid by virtue of paragraph 10(1)(b) of the schedule is disregarded) and a determination is subsequently made that the same individual is entitled to Pension Age Disability Payment at a higher rate for that period by virtue of paragraph 9(1) of the schedule, that individual will be entitled to the difference between the value of entitlement to Pension Age Disability Payment under the subsequent determination and the value of Pension Age Disability Payment or a benefit listed in paragraph (11)(a) to which that individual was previously entitled for that period.”,

(c)

regulation 24 (entitlement beginning while in alternative accommodation) is to be read as if—

(i)

where a transferring individual is resident in legal detention on the date of transfer—

(aa)

paragraph (1) reads “This regulation applies where an individual is in legal detention on the day on which their entitlement to Pension Age Disability Payment begins by virtue of a determination made under paragraph 9 of Part 3 of the schedule”,

(bb)

in paragraph (2) for “that day” reads “the day after the day on which the individual has been entitled to Pension Age Disability Payment for 28 days”, and

(cc)

in paragraph (2), sub-paragraphs (a), (b) and (c) are treated as omitted, and

(dd)

paragraph (3) is treated as omitted,

(ee)

after paragraph (2) there is inserted—

“(3) For the purposes of this regulation, an individual is to be treated as though they are not in legal detention on any day on which they are an in-patient in a hospital or in a hospice.”,

(ii)

where a transferring individual is resident in a care home or is undergoing medical or other treatment as an in-patient at a hospital or similar institution and any of the costs of the treatment, accommodation and any related services provided for them are borne out of public funds—

(aa)

in paragraph (1)—

(bb)

after “begins” there are the words “by virtue of a determination made under paragraph 9 of Part 3 of the schedule”, and

(cc)

after “similar institution”, omit “, or in legal detention”,

(dd)

in paragraph (2)—

(ee)

for “On and after that day” substitute “On the day after the day on which the individual has been resident in a care home or an in-patient in a hospital or similar institution for 28 days (which period of 28 days includes days before the date of transfer and is calculated in accordance with regulation 19(3) or 20(3))”,

(ff)

in head (ii) of sub-paragraph (b), after “of regulation 3(4)” for “, or” substitute “.”, and

(gg)

sub-paragraph (c) is treated as omitted,

(d)

regulation 27 (when an application is to be treated as made and beginning of entitlement to assistance) is treated as omitted,

(e)

in regulation 28 (time of payment), for sub-paragraph (b), substitute—

“(b) any subsequent payment—

(i) 4 weekly in arrears,

(ii) weekly in advance, or

(iii) where the Scottish Ministers consider that it would be unjust not to do so, at such intervals as may be specified in the notice of determination.”,

(f)

in regulation 37 (when an increase in level of entitlement takes effect)—

(i)

paragraph (4) is to be read as if after “Where an individual has previously received” and “the subsequent determination and the value of” there is inserted “Attendance Allowance or”, and

(ii)

after paragraph (4) there is inserted—

“(5) Where paragraph (4) applies—

(a) section 64(1A) of the Social Security Contributions and Benefits Act 1992, and

(b) regulation 4(b) of these Regulations (entitlement to other benefits),

do not apply in respect of the period between commencement of entitlement to Pension Age Disability Payment and cessation of entitlement to Attendance Allowance.”.