Information relating to adult disability payment: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002

Information requested

All of the eligibility criteria for entitlement to adult disability payment. 


The requested eligibility criteria is contained in draft regulations. The Scottish Government is consulting on the draft regulations with anyone who wishes to provide a view. The purpose of this consultation is to gather views on the policy and draft regulations and identify any gaps, issues or unintended consequences.

The draft regulations can be found in Annex C of the consultation paper ‘Adult disability payment: consultation’ which was published on 21 December 2020. The consultation paper is available online here.

Since the information you have requested is publicly accessible, the Scottish Government is not required to provide you with this information on an individual basis. This exemption to the duty to provide information is found in section 25(1) of the Freedom of Information (Scotland) Act 2002.

When looking at the draft regulations in order to understand the eligibility criteria, the best place to start is draft regulation 3 (overview). Draft regulation 3 provides  that an individual is entitled to Adult Disability Payment if they meet the eligibility rules which comprise:

  • the daily living component criteria in draft regulation 4,
  • the mobility component criteria in draft regulation 5,
  • the required period condition in draft regulations 10 and 11,
  • the residence and presence conditions in draft regulation 14 
  • the age criteria in draft regulation 22.

All of the eligibility criteria is contained in these 6 draft regulations. Annex B of the consultation paper gives an outline of each individual draft regulation.

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Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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