The Draft Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2024 - draft

PART 12 - Movement of individuals between Scotland and the rest of the UK

Individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom before moving to Scotland

54.—(1) Where an individual—

(a) becomes resident in Scotland,

(b) was resident in another part of the United Kingdom, and

(c) was entitled to Disability Living Allowance,

immediately before the date of the move,

the Scottish Ministers are to make a determination without application of the individual's entitlement to Scottish Adult Disability Living allowance.

(2) Entitlement to Scottish Disability Living Allowance under paragraph (1) begins on the day after the day on which the individual's entitlement to Disability Living Allowance ends.

(3) In this regulation, "the date of the move" is the date when the individual becomes resident in Scotland, as notified by the individual or otherwise communicated to the Scottish Ministers (whether the notification takes place before or after the date of the move).

Individuals in respect of whom Scottish Adult Disability Living Allowance is paid at the time of moving to another part of the United Kingdom

55.—(1) Where the Scottish Ministers become aware that an individual who is entitled to Scottish Adult Disability Living Allowance has moved or is to move to become resident in another part of the United Kingdom, the individual is to be treated as though the individual meets the condition under regulation 16(1)(a) of being ordinarily resident in Scotland for a period of 13 weeks beginning in accordance with paragraph (4).

(2) Subject to Part 9 (effect of time spent in care homes, hospital and legal detention), where the Scottish Ministers become aware that an individual has moved or is to move to another part of the United Kingdom mentioned in paragraph (1), they are to make a determination without application at the end of the 13 week period mentioned in paragraph (1) that the individual's entitlement to Scottish Adult Disability Living Allowance is to terminate.

(3) Where before the end of the 13-week period, the Scottish Ministers become aware that the individual is no longer to move to become resident in another part of the United Kingdom, the duty in paragraph (2) does not apply.

(4) The 13-week period mentioned in paragraph (1) begins on the date the individual ceases to be ordinarily resident in Scotland.

(5) On the day after the 13-week period specified in paragraph (4) ends—

(a) entitlement to Scottish Adult Disability Living Allowance ceases, and

(b) regulation 50 (determination following error – overpayments) applies to any Scottish Adult Disability Living Allowance paid to an individual in relation to a period after the end of that 13-week period.