- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Disability Assistance for Older People (Scotland) Regulations 2024 No. 166
2.—(1) The value of short-term assistance payable for any period is equal to V1-V2 where—
(a)V1 is the value of the Pension Age Disability Payment the individual would have been given in respect of the period under the earlier determination had the earlier determination not been superseded, and
(b)V2 is the value of the Pension Age Disability Payment that the individual is to be given in respect of the period under what is, at the time the individual becomes eligible for short-term assistance in respect of the period, the most recent determination of the individual’s entitlement to Pension Age Disability Payment.
(2) The form in which the short-term assistance is to be given is to be the same as the form in which Pension Age Disability Payment was given under the earlier determination.
(3) Regulations 36 (form of payment - giving Pension Age Disability Payment by way of deduction), 41 (determination following official error – underpayments), 42 (determination following error – overpayments) and 43 (determination to effect a deduction decision) apply to short-term assistance in the same way as they apply to Pension Age Disability Payment.
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