PART 2Scottish Adult Disability Living Allowance
Overview3.
(1)
An individual is entitled to Scottish Adult Disability Living Allowance in accordance with these Regulations if the individual meets the eligibility rules in—
(a)
regulation 4 (relevant status),
(b)
regulation 5 (entitlement to other benefits),
(c)
regulations 10 to 17 (residence and presence conditions),
(d)
regulation 18 (age criteria), and
(e)
one or more of the following—
(i)
regulation 6 (care component criterion: lowest, middle or highest rate care component),
(ii)
regulation 7 (mobility requirements: lower rate mobility component),
(iii)
regulation 8 (mobility requirements: higher rate mobility component),
(iv)
regulation 20 (entitlement under special rules for terminal illness),
(v)
regulation 21 (entitlement to middle rate of care component when undergoing dialysis).
(2)
Scottish Adult Disability Living Allowance is to consist of a care component and a mobility component.
(3)
There are 3 weekly rates of the care component and 2 weekly rates of the mobility component and those rates are specified in regulation 29 (amount and form of Scottish Adult Disability Living Allowance).
Relevant status4.
An individual may only be entitled to Scottish Adult Disability Living Allowance if the individual is an individual—
(a)
in respect of whom the Scottish Ministers are to make a determination under paragraph 7(1) (determination without application of entitlement to Scottish Adult Disability Living Allowance) of schedule 1,
(b)
to whom regulation 47 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom before moving to Scotland) applies,
(c)
to whom paragraph 12 (reinstatement of entitlement to Scottish Adult Disability Living Allowance within a year) or paragraph 13 (request for Scottish Adult Disability Living Allowance when an award of Disability Living Allowance has ended) of schedule 1 applies, or
(d)
who has received a determination under regulation 47, or paragraph 7(1), 12 or 13 of schedule 1, who continues to satisfy the eligibility rules at regulation 3(1)(b) to (e).
Entitlement to other benefits5.
An individual is not entitled to Scottish Adult Disability Living Allowance while they are entitled to—
(a)
Adult Disability Payment,
(b)
armed forces independence payment,
(c)
Disability Living Allowance,
(d)
Personal Independence Payment,
(e)
Attendance Allowance, or
(f)
Pension Age Disability Payment.