The Disability Assistance for Working Age People (Scotland) Regulations 2022

Exceptions: Adult Disability Payment after an interval and after reaching the relevant age

23.—(1) This regulation applies where—

(a) an individual has reached the relevant age,

(b) the individual makes an application for Adult Disability Payment and—

(i) they had a previous award of Adult Disability Payment which ended not more than one year before the day the new application is made, or

(ii) they had a previous award of Personal Independence Payment or Disability Living Allowance which ended not more than one year before the day the new application is made,

(c) the previous award referred to in sub-paragraph (b) consisted of the same component as the one to which the individual is entitled (or would be entitled if they met the required period condition) under the new application, and

(d) the Scottish Ministers determine that the entitlement under the new application results from—

(i) substantially the same physical or mental condition or conditions for which the previous award was made, or

(ii) a new physical or mental condition or conditions which developed as a result of a condition for which the previous award was made.

(2) Where an application for Adult Disability Payment is made in terms of paragraph (1)—

(a) regulation 22(1)(b) does not apply, and

(b) paragraphs (5) and (6) apply to the determination of entitlement under the new application.

(3) In relation to determination of entitlement under the new application, the relevant date for the purpose of regulation 10(3) is the date on which the previous award ended.

(4) Where an individual is awarded either or both components under the new application, in relation to continued entitlement to that component or, as the case may be, those components, the relevant date for the purpose of regulation 10(3) is—

(a) during the period of 13 weeks following the date of the new application, the date on which the previous award ended,

(b) in any other case, each day of the award.

(5) Where the Scottish Ministers determine that the individual has severely limited ability to carry out mobility activities—

(a) the individual is entitled to the enhanced rate of the mobility component only if they were entitled to that rate of that component under the previous award, and

(b) where the individual is not entitled to the enhanced rate of that component because of sub-paragraph (a), they are entitled to the standard rate of that component provided that they were entitled to that rate of that component under the previous award.

(6) Where the Scottish Ministers determine that the individual has limited ability to carry out mobility activities, the individual is entitled to the standard rate of the mobility component only if they were entitled to that component, at either rate, under the previous award.

(7) For the purposes of this regulation—

(a) an award of either of the following is to be treated as though it were an award of the daily living component of Adult Disability Payment—

(i) the care component of Disability Living Allowance, or

(ii) the daily living component of Personal Independence Payment, and

(b) an award of either of the following is to be treated as though it were an award of the mobility component of Adult Disability Payment—

(i) the mobility component of Daily Living Allowance, or

(ii) the mobility component of Personal Independence Payment.