The Disability Assistance for Older People (Scotland) Regulations 2024

Effect of determination on entitlement to Attendance Allowance

10.—(1) Where a determination is made under paragraph 9 that the transferring individual is entitled to Pension Age Disability Payment, the transferring individual’s entitlement to Attendance Allowance will cease on—

(a) the date their entitlement to Pension Age Disability Payment begins, or

(b) where a transferring individual was paid Attendance Allowance one week in advance and 3 weekly in arrears, the date one week after the date their entitlement to Pension Age Disability Payment begins, or

(c) where paragraph 11 applies, the date their entitlement to Pension Age Disability Payment would have begun had paragraph 11(2) not applied to set an earlier date of entitlement.

(2) Where paragraph (1)(b) applies—

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

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

do not apply in respect of the first week of entitlement to Pension Age Disability Payment.

(1)

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 5(3) of schedule 9 of the Welfare Reform Act 2012 (c. 5).