The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025
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Change 1
11 Amendment of the Housing Benefit Regulations 2006
(1) The Housing Benefit Regulations 2006 are amended as follows. (2) In regulation 2(1) (interpretation)— (a) in the definition of “member of a couple who cannot share a bedroom”, after sub-paragraph (a)(iia), insert— (iib) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; ; (b) in the definition of “person who requires overnight care”— (i) after sub-paragraph (a)(iiza), insert— (iizb) is in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; ; (ii) in sub-paragraph (a)(iii), after “(iiza)”, insert “, (iizb)”; (c) after the definition of “Rent Officers Order”, insert— “Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; . (3) In regulation 28(11) (treatment of child care charges)— (a) in sub-paragraph (d), after paragraph (iva), insert— (ivb) Scottish adult disability living allowance; ; (b) after sub-paragraph (ea), insert— (eb) Scottish adult disability living allowance was payable on account of his incapacity but has ceased to be payable in accordance with regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; . (4) In regulation 74 (non-dependant deductions)— (a) after paragraph (6)(b)(iia), insert— (iib) the care component of Scottish adult disability living allowance; ; (b) in paragraph (9)(a), after “disability living allowance”, insert “, Scottish adult disability living allowance”. (5) In regulation 75F(1) (exception to the benefit cap: receipt of specified benefit)— (a) after sub-paragraph (eza), insert— (ezb) the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving Scottish adult disability living allowance; ; (b) in sub-paragraph (f)— (i) in the words before paragraph (i), after “(eza)”, insert “, (ezb)”; (ii) after paragraph (iii), insert— (iiia) in the case of Scottish adult disability living allowance, that allowance is not payable in accordance with regulation 22 (effect of admission to a care home on ongoing entitlement to care component) or regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; . (6) In Schedule 3 (applicable amounts)— (a) in paragraph 7(2), after “section 72(3) of the Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”; (b) in paragraph 13(1)(a)— (i) in sub-paragraph (i), after “disability living allowance”, insert “, Scottish adult disability living allowance”; (ii) after sub-paragraph (iiic), insert— or (iiid) was in receipt of Scottish adult disability living allowance that is no longer payable by virtue of regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; or ; (c) in paragraph 14— (i) in sub-paragraphs (2)(a)(i), (2)(b)(i) and (4)(a), after “section 72(3) of the Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”; (ii) after sub-paragraph (5)(e), insert— ; (f) as being in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, if that person would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations, be so in receipt. ; (d) after the “or” following paragraph 15(1)(ba), insert— (bb) the care component of Scottish adult disability living allowance is, or would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be payable at the highest rate in accordance with regulation 6(4) of those Regulations in respect of— (i) the claimant; or (ii) a member of the claimant's family, who has not attained the qualifying age for state pension credit; or ; (e) after the “or” following paragraph 16(aa), insert— (ab) is a young person who is in receipt of Scottish adult disability living allowance or who would, but for payment ceasing by virtue of regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 be so in receipt, provided that the young person continues to be a member of the family; or .
11 Amendment of the Housing Benefit Regulations 2006
(1) The Housing Benefit Regulations 2006 are amended as follows. (2) In regulation 2(1) (interpretation)— (a) in the definition of “member of a couple who cannot share a bedroom”, after sub-paragraph (a)(iia), insert— (iib) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; ; (b) in the definition of “person who requires overnight care”— (i) after sub-paragraph (a)(iiza), insert— (iizb) is in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; ; (ii) in sub-paragraph (a)(iii), after “(iiza)”, insert “, (iizb)”; (c) after the definition of “Rent Officers Order”, insert— “Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; . (3) In regulation 28(11) (treatment of child care charges)— (a) in sub-paragraph (d), after paragraph (iva), insert— (ivb) Scottish adult disability living allowance; ; (b) after sub-paragraph (ea), insert— (eb) Scottish adult disability living allowance was payable on account of his incapacity but has ceased to be payable in accordance with regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; . (4) In regulation 74 (non-dependant deductions)— (a) after paragraph (6)(b)(iia), insert— (iib) the care component of Scottish adult disability living allowance; ; (b) in paragraph (9)(a), after “disability living allowance”, insert “, Scottish adult disability living allowance”. (5) In regulation 75F(1) (exception to the benefit cap: receipt of specified benefit)— (a) after sub-paragraph (eza), insert— (ezb) the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving Scottish adult disability living allowance; ; (b) in sub-paragraph (f)— (i) in the words before paragraph (i), after “(eza)”, insert “, (ezb)”; (ii) after paragraph (iii), insert— (iiia) in the case of Scottish adult disability living allowance, that allowance is not payable in accordance with regulation 22 (effect of admission to a care home on ongoing entitlement to care component) or regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; . (6) In Schedule 3 (applicable amounts)— (a) in paragraph 7(2), after “section 72(3) of the Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”; (b) in paragraph 13(1)(a)— (i) in sub-paragraph (i), after “disability living allowance”, insert “, Scottish adult disability living allowance”; (ii) after sub-paragraph (iiic), insert— or (iiid) was in receipt of Scottish adult disability living allowance that is no longer payable by virtue of regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; or ; (c) in paragraph 14— (i) in sub-paragraphs (2)(a)(i), (2)(b)(i) and (4)(a), after “section 72(3) of the Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”; (ii) after sub-paragraph (5)(e), insert— ; (f) as being in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, if that person would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations, be so in receipt. ; (d) after the “or” following paragraph 15(1)(ba), insert— (bb) the care component of Scottish adult disability living allowance is, or would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be payable at the highest rate in accordance with regulation 6(4) of those Regulations in respect of— (i) the claimant; or (ii) a member of the claimant's family, who has not attained the qualifying age for state pension credit; or ; (e) after the “or” following paragraph 16(aa), insert— (ab) is a young person who is in receipt of Scottish adult disability living allowance or who would, but for payment ceasing by virtue of regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 be so in receipt, provided that the young person continues to be a member of the family; or .
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