The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024
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Change 1
8 Amendment of the Social Security (Loss of Benefit) Regulations 2001
(1) The Social Security (Loss of Benefit) Regulations 2001 are amended as follows. (2) In regulation 1(2) (interpretation)— (a) after the definition of “the UC Regulations”, insert— “adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; ; (b) after the definition of “assessment period”, insert— “child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021; ; (c) after the definition of “pay day”, insert— “pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024; . (3) In regulation 5(1)(h) (meaning of “person in hardship”)— (a) in paragraphs (i) and (ii), after “attendance allowance,” insert— pension age disability payment, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022, ; (b) in paragraph (iii), after “attendance allowance” in both places it occurs, insert “, pension age disability payment”; (c) at the end of paragraph (iv), omit “or”; (d) after paragraph (v), insert— (vi) has claimed child disability payment and has an award of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 for a period commencing after the date on which the claim was made; or (vii) has claimed adult disability payment and has an award of the daily living component at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 for a period commencing after the date on which the claim was made, . (4) In regulation 11(2)(e) (meaning of “couple in hardship”)— (a) in paragraphs (i) and (ii), after “attendance allowance,” insert— pension age disability payment, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022, ; (b) in paragraph (iii), after “attendance allowance” in both places it occurs, insert “, pension age disability payment”; (c) at the end of paragraph (iv), omit “or”; (d) after paragraph (v), insert— (vi) has claimed child disability payment and has an award of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 for a period commencing after the date on which the claim was made; or (vii) has claimed adult disability payment and has an award of the daily living component at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 for a period commencing after the date on which that claim was made, .
8 Amendment of the Social Security (Loss of Benefit) Regulations 2001
(1) The Social Security (Loss of Benefit) Regulations 2001 are amended as follows. (2) In regulation 1(2) (interpretation)— (a) after the definition of “the UC Regulations”, insert— “adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; ; (b) after the definition of “assessment period”, insert— “child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021; ; (c) after the definition of “pay day”, insert— “pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024; . (3) In regulation 5(1)(h) (meaning of “person in hardship”)— (a) in paragraphs (i) and (ii), after “attendance allowance,” insert— pension age disability payment, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022, ; (b) in paragraph (iii), after “attendance allowance” in both places it occurs, insert “, pension age disability payment”; (c) at the end of paragraph (iv), omit “or”; (d) after paragraph (v), insert— (vi) has claimed child disability payment and has an award of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 for a period commencing after the date on which the claim was made; or (vii) has claimed adult disability payment and has an award of the daily living component at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 for a period commencing after the date on which the claim was made, . (4) In regulation 11(2)(e) (meaning of “couple in hardship”)— (a) in paragraphs (i) and (ii), after “attendance allowance,” insert— pension age disability payment, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022, ; (b) in paragraph (iii), after “attendance allowance” in both places it occurs, insert “, pension age disability payment”; (c) at the end of paragraph (iv), omit “or”; (d) after paragraph (v), insert— (vi) has claimed child disability payment and has an award of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 for a period commencing after the date on which the claim was made; or (vii) has claimed adult disability payment and has an award of the daily living component at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 for a period commencing after the date on which that claim was made, .
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