The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022

Modification of the ADP Regulations: transferring individuals

10.  The ADP Regulations apply to a transferring individual on and after the date of transfer with the following modifications—

(a) regulation 3(3) (overview) is to be read as if—

(i) for “2 weekly rates of the daily living component” there were substituted “3 weekly rates of the daily living component”, and

(ii) after “(amount and form of Adult Disability Payment)” there were inserted “and regulation 6(1) of the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022(1)”,

(b) regulation 5 (daily living component) is to be read as if—

(i) in paragraph (1) after “the enhanced rate” there were inserted “or, where the individual is a transferring individual as defined in regulation 2 of the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022, at the transitional rate,

(ii) after paragraph (3) there were inserted—

“(3A) An individual is entitled to the daily living component at the transitional rate where regulation 5(2)(a) of the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 applies to the individual.” and

(iii) after paragraph (4)(c) there were inserted—

“(d) “the transitional rate” in relation to the daily living component means the weekly rate of the daily living component set in regulation 6(1) of the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022”,

(c) regulation 32 (entitlement beginning while in alternative accommodation) is to be read as if—

(i) in paragraph (1) after “begins” there are the words “in terms of these Regulations”, and

(ii) in paragraph (2) for “that day” there were substituted “the day on which the individual has been entitled to Adult Disability Payment for 28 days”,

(d) regulation 35 (when an application is to be treated as made and beginning of entitlement to assistance) is treated as omitted,

(e) regulation 36 (time of payment) is treated as omitted,

(f) regulation 45 (when an increase in level of entitlement takes effect) is treated as omitted,

(g) regulation 46 (when a decrease in level or cessation of entitlement takes effect) is treated as omitted,

(h) regulation 54 (periods in respect of a re-determination request) is treated as omitted in relation to a request for a re-determination in respect of a transfer determination,

(i) where regulation 9 of these Regulations applies, for the period between the date when entitlement to Adult Disability Payment begins and the date of the transfer determination, regulation 4 (entitlement to other benefits) is treated as omitted.

(1)

S.S.I. 2022/217.