- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 No. 217
7.—(1) Where a transfer determination is made that the transferring individual is entitled to Adult Disability Payment, the transferring individual’s entitlement to Disability Living Allowance will cease on—
(a)the date their entitlement to Adult Disability Payment begins,
(b)where a transferring individual was paid Disability Living Allowance one week in advance and 3 weekly in arrears, the date one week after the date their entitlement to Adult Disability Payment begins, or
(c)where regulation 9 applies, the date their entitlement to Adult Disability Payment would have begun had regulation 9(2) not applied to set an earlier date of entitlement.
(2) Where paragraph (1)(b) applies—
(a)section 71(7) (disability living allowance) of the Social Security Contributions and Benefits Act 1992(1), and
(b)regulation 4(d) of the ADP Regulations (entitlement to other benefits),
do not apply in respect of the first week of entitlement to Adult Disability Payment.
1992 c. 4, relevantly amended by S.I. 2022/335.
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