The Disability Assistance for Older People (Scotland) Regulations 2024

PART 1 Introductory and interpretation

Citation and commencement

1.—(1) These Regulations may be cited as the Disability Assistance for Older People (Scotland) Regulations 2024.

(2) Subject to paragraph (3), these Regulations come into force on 21 October 2024.

(3) Regulation 53 and Part 5 of the schedule come into force on the day after the day on which these Regulations are made.

Interpretation

2.  In these Regulations—

“the 2018 Act” means the Social Security (Scotland) Act 2018,

“Adult Disability Payment” means disability assistance for adults given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022(1),

“armed forces independence payment” means the disability benefit paid in accordance with article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(2),

“Attendance Allowance” means an attendance allowance under—

(a)

section 64 of the Social Security Contributions and Benefits Act 1992(3), or

(b)

under section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4),

“award” means that a determination has been made that an individual is entitled to be given assistance under section 24 of the 2018 Act in accordance with these Regulations, and cognate expressions are to be construed accordingly,

“care home” means an establishment which provides a care home service as defined in paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010(5),

“determination” and “determination of entitlement” have the meaning of “determination of entitlement” in section 25 of the 2018 Act,

“Disability Living Allowance” means a disability living allowance under—

(a)

section 71 of the Social Security Contributions and Benefits Act 1992(6), or

(b)

section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(7),

“immigration rules” means the rules laid before the United Kingdom Parliament under section 3(2) of the Immigration Act 1971(8),

“legal detention” means detention in legal custody within the meaning of section 295 of the Criminal Procedure (Scotland) Act 1995(9),

“night” is to be construed in relation to the ordinary domestic routine of the household in which the individual lives,

“Pension Age Disability Payment” means disability assistance for older people given in accordance with these Regulations,

“Personal Independence Payment” means personal independence payment under—

(a)

Part 4 of the Welfare Reform Act 2012(10), or

(b)

article 82 of the Welfare Reform (Northern Ireland) Order 2015(11),

“qualifying services” means accommodation, board and personal care,

“relevant EU Regulation” means—

(a)

one of the following Regulations—

(i)

Council Regulation (EC) No 1408/71 of 14 June 1971(12) on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community,

(ii)

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004(13) on the coordination of social security systems, or

(b)

in relation to an individual to whom the agreement constituted by the exchange of letters set out in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974(14) applies, a Regulation mentioned in paragraph (a) of this definition as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018(15),

“short-term assistance” means short-term assistance given in accordance with Part 1 of the schedule of these Regulations,

“week” means a period of 7 days.

(1)

S.S.I. 2022/54, amended by S.S.I. 2022/217.

(2)

S.I. 2011/517, amended by S.I. 2013/436, S.I. 2017/247 and S.I. 2021/285.

(3)

1992 c. 4. Section 64 was amended by section 66(1) of the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 41 of schedule 1 of the Pensions Act 2007 (c. 22), and paragraph 5(2) and (3) of schedule 9 of the Welfare Reform Act 2012 (c. 5).

(4)

1992 c. 7 (N.I.). Section 64 was amended by paragraph 38 of schedule 1 of the Pensions Act (Northern Ireland) 2008 (c. 1) and S.I. 1999/3147 (N.I. 11) and S.I. 2015/2006 (N.I. 1).

(5)

2010 asp 8.

(6)

Section 71 was amended by section 67(1) of the Welfare Reform and Pensions Act 1999 and S.I. 2021/804.

(7)

Section 71 was amended by S.I. 1999/3147 (N.I. 11).

(8)

1971 c. 77.

(9)

1995 c. 46. Section 295 was amended by section 24(2) of the Criminal Justice (Scotland) Act 2003 (asp 7).

(10)

2012 c. 5.

(11)

S.I. 2015/2006.

(12)

OJ L 28, 30.1.1997, p. 1.

(13)

OJ L 166, 30.4.2004, p .1.

(14)

S.I. 1974/555.

(15)

2018 c. 16. Section 3 was amended by section 25(2) of European Union (Withdrawal Agreement) Act 2020 (c. 1).