The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025
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Change 1
12 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) 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 “savings credit”, 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 31(11) (treatment of child care charges)— (a) after sub-paragraph (d)(iv), insert— (iva) 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 55 (non-dependant deductions)— (a) after paragraph (6)(b)(ii), insert— (iia) the care component of Scottish adult disability living allowance; ; (b) in paragraph (10)(a), after “disability living allowance”, insert “, Scottish adult disability living allowance”. (5) In Schedule 3 (applicable amounts)— (a) after paragraph 5(2)(b), insert— (ba) 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 6— (i) in sub-paragraphs (2)(a)(i), (2)(b)(i) and (6)(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 (7)(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. ; (c) after the “or” following paragraph 7(1)(aa), insert— (ab) the care component of Scottish adult disability living allowance is payable, or has ceased to be 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, at the highest rate in accordance with regulation 6(4) of those Regulations; or ; (d) after the “or” following paragraph 8(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 . (6) In paragraph 5(1)(a) of Schedule 4 (sums disregarded from claimant’s earnings), after sub-paragraph (iv), insert— (iva) Scottish adult disability living allowance; .
12 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) 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 “savings credit”, 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 31(11) (treatment of child care charges)— (a) after sub-paragraph (d)(iv), insert— (iva) 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 55 (non-dependant deductions)— (a) after paragraph (6)(b)(ii), insert— (iia) the care component of Scottish adult disability living allowance; ; (b) in paragraph (10)(a), after “disability living allowance”, insert “, Scottish adult disability living allowance”. (5) In Schedule 3 (applicable amounts)— (a) after paragraph 5(2)(b), insert— (ba) 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 6— (i) in sub-paragraphs (2)(a)(i), (2)(b)(i) and (6)(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 (7)(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. ; (c) after the “or” following paragraph 7(1)(aa), insert— (ab) the care component of Scottish adult disability living allowance is payable, or has ceased to be 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, at the highest rate in accordance with regulation 6(4) of those Regulations; or ; (d) after the “or” following paragraph 8(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 . (6) In paragraph 5(1)(a) of Schedule 4 (sums disregarded from claimant’s earnings), after sub-paragraph (iv), insert— (iva) Scottish adult disability living allowance; .
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