Social Security Citation and commencement 1 These Regulations may be cited as the Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 and come into force on 20 November 2023. Amendment of the Social Security (Invalid Care Allowance) Regulations 1976 2 1 The Social Security (Invalid Care Allowance) Regulations 1976 are amended in accordance with paragraph (2). 2 In regulation 9(2)(b) (conditions relating to residence and presence in Great Britain)— a at the end of head (iiia), omit “or”, b at the end of head (iv), insert— v the care component of child disability payment at the middle or highest rate in accordance with regulation 11 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 , or vi 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 . Amendment of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 3 1 The Disability Assistance for Children and Young People (Scotland) Regulations 2021 are amended in accordance with paragraphs (2) to (8). 2 In regulation 2 (interpretation) , after the definition of “the 2018 Act” insert— “ the ADP Regulations ” means the Disability Assistance for Working Age People (Scotland) Regulations 2022, . 3 In regulation 4 (age criteria) — a in paragraph (1), after “(1B)” insert “, (1C)” , and b for paragraph (1B), substitute— 1B Child Disability Payment may continue to be paid in respect of an individual who is over the age of 17 years— a where they are an individual to whom regulation 15 (entitlement under special rules for terminal illness) applies, b until the age of 19 years where the individual is a transferring individual in terms of Part 3 of the schedule, and reaches the age of 18 on or before 31 December 2023, except where paragraph (1C) applies, c until the age of 19 years where they are an individual mentioned in regulation 35 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland) who reaches the age of 18 on or before 31 December 2023, except where paragraph (1C) applies, d where the individual does not fall within sub-paragraph (a), (b) or (c) and— i they are awaiting a determination of their entitlement to Adult Disability Payment, or ii a determination has been made that the individual is entitled to Adult Disability Payment but payment has not begun, until the age of 19 years, or the individual becomes entitled to Adult Disability Payment in accordance with regulation 58(2)(a) of the ADP Regulations, whichever is earlier. 1C Where an individual falls within paragraph (1B)(b) or (c) and— a a determination of their entitlement to Adult Disability Payment is made within the period of 4 weeks before the date on which the individual reaches the age of 19, and b that determination is that the individual is entitled to Adult Disability Payment, Child Disability Payment may continue to be paid in respect of the individual after they reach the age of 19 until the day before the day on which the individual becomes entitled to Adult Disability Payment in accordance with regulation 58(2)(a) of the ADP Regulations. . 4 After regulation 9 (persons residing outside the United Kingdom to whom a relevant EU Regulation applies) insert— No entitlement to care component where UK is not competent state 9A An individual to whom a relevant EU Regulation applies is not entitled to the care component for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the individual for the purposes of the relevant EU Regulation in question. . 5 In regulation 29 (when a decrease in level or cessation of entitlement takes effect), in paragraph (1) — a after sub-paragraph (a), insert— aa in the case of a determination without application under regulation 31(b), on the date of the individual’s death, , b after sub-paragraph (b)(i) insert— ia where the Scottish Ministers make a determination that the individual is entitled to Adult Disability Payment, on the day that the entitlement to Adult Disability Payment begins in terms of regulation 58 of the ADP Regulations, . 6 In regulation 34(3)(b) (determination to effect a deduction decision), after “Child Disability” insert “Payment” . 7 In paragraph 8 of Part 3 of the schedule (notice of intention to transfer to Child Disability Payment) , for sub-paragraph (3) substitute— 3 Where a notice under sub-paragraph (1) is given— a to a transferring individual who, before a determination is made under paragraph 9(1), ceases to be ordinarily resident in Scotland, or b in error where the individual is neither— i ordinarily resident in Scotland, nor ii an individual who is habitually resident in an EEA state, Gibraltar or Switzerland and has a genuine and sufficient link to Scotland, the duty on the Scottish Ministers in paragraph 9(1) does not apply. . 8 In paragraph 14 of Part 3 of the schedule (appointees) , after sub-paragraph (2) insert— 3 The duty in sub-paragraph (2) does not apply where the Scottish Ministers have already appointed the person mentioned in sub-paragraph (1) to act on behalf of that transferring individual under section 85A or 85B of the 2018 Act. . Amendment of the Disability Assistance for Working Age People (Scotland) Regulations 2022 4 1 The Disability Assistance for Working Age People (Scotland) Regulations 2022 are amended in accordance with paragraphs (2) to (7). 2 After regulation 20, (persons residing outside the United Kingdom to whom a relevant EU Regulation applies) insert— No entitlement to daily living component where UK is not competent state 20A An individual to whom a relevant EU Regulation applies is not entitled to the daily living component for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the individual for the purposes of the relevant EU Regulation in question. . 3 In regulation 46 (when a decrease in level or cessation of entitlement takes effect) , after paragraph (1)(a) insert— aa in the case of a determination without application under regulation 48(b), on the date of the individual’s death, . 4 In regulation 58 (applications by individuals entitled to Child Disability Payment) — a for paragraph (1), substitute— 1 This regulation applies where an individual who is entitled to Child Disability Payment submits the required data in terms of regulation 35(4) on a day on which the individual is still entitled to Child Disability Payment and makes an application for Adult Disability Payment— a on a day on which the individual is still entitled to Child Disability Payment, b on a day on which the individual is no longer entitled to Child Disability Payment, where that day falls within the period of 8 weeks starting on the day on which the individual submitted the required data, or c on a day on which the individual is no longer entitled to Child Disability Payment, where that day is after the expiry of the 8 week period mentioned in sub-paragraph (b) and the Scottish Ministers are satisfied that there is good reason why the application was not made sooner. . b for paragraph (2), substitute— 2 Where, on the basis of that application, the Scottish Ministers make a determination of the individual’s entitlement to Adult Disability Payment (“Adult Disability Payment determination”), and on the date of that determination— a the individual is still entitled to Child Disability Payment, the date on which their entitlement to Adult Disability Payment begins is to be— i the day after the first day on which the individual is to be paid Child Disability Payment after the date of the Adult Disability Payment determination in accordance with regulation 25(b)(i) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, or ii 7 days after the first day on which the individual is to be paid Child Disability Payment after the date of the Adult Disability Payment determination in accordance with regulation 25(b)(ii) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, b the individual is no longer entitled to Child Disability Payment, the date on which their entitlement to Adult Disability Payment begins is to be the date on which the Scottish Ministers make the Adult Disability Payment determination. . 5 In paragraph 8 of Part 3 of schedule 2 (notice of intention to transfer to Adult Disability Payment), for sub-paragraph (3) substitute— 3 Where a notice under sub-paragraph (1) is given— a to a transferring individual who, before a determination is made under paragraph 9(1), ceases to be ordinarily resident in Scotland, or b in error where the individual is neither— i ordinarily resident in Scotland, nor ii an individual who is habitually resident in an EEA state, Gibraltar or Switzerland and has a genuine and sufficient link to Scotland, the duty on the Scottish Ministers in paragraph 9(1) does not apply. . 6 In paragraph 12 of Part 3 of schedule 2 (change of circumstances) , for sub-paragraph (1) substitute— 1 The Scottish Ministers must make a determination of an individual’s entitlement to Adult Disability Payment (the “review determination”), without receiving an application, where— a the individual, before a determination under paragraph 9(1) (the “transfer determination”) is made, reported a change of circumstances to the Secretary of State for Work and Pensions, which had not been taken into account for the individual’s entitlement to Personal Independence Payment, b the Scottish Ministers have made a transfer determination, and c the individual has not requested a re-determination under section 41 of the 2018 Act, or appealed under section 46 of the 2018 Act, in relation to the transfer determination. . 7 In paragraph 15 of Part 3 of schedule 2 (appointees) , after sub-paragraph (2) insert— 3 The duty in sub-paragraph (2) does not apply where the Scottish Ministers have already appointed the person mentioned in sub-paragraph (1) to act on behalf of that transferring individual under section 85B of the 2018 Act. . Amendment of the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 5 1 The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 are amended in accordance with paragraphs (2) to (7). 2 In regulation 3 (notice of intention to transfer to Adult Disability Payment), for paragraph (3) substitute— 3 Where a notice under paragraph (1) is given— a to a transferring individual who, before a transfer determination is made ceases to be ordinarily resident in Scotland, or b in error where the individual is neither— i ordinarily resident in Scotland, nor ii an individual who is habitually resident in an EEA state, Gibraltar or Switzerland and has a genuine and sufficient link to Scotland, the duty on the Scottish Ministers in regulation 4(1) does not apply. . 3 In regulation 10 (modification of the ADP Regulations: transferring individuals), omit paragraphs (f) and (g). 4 In regulation 11 (appointees) , after paragraph (2) insert— 3 The duty in paragraph (2) does not apply where the Scottish Ministers have already appointed the person mentioned in paragraph (1) to act on behalf of that transferring individual under section 85B of the 2018 Act. . 5 For regulation 14 (change of circumstances), substitute— Change of circumstances 14 Where the Scottish Ministers are making a review determination of an individual’s entitlement to Adult Disability Payment, where the individual, before a transfer determination is made, reported a change of circumstances to the Secretary of State for Work and Pensions which had not been taken into account for the individual’s entitlement to Disability Living Allowance, the change of circumstances— a is not to be regarded as relating to the individual’s entitlement to Disability Living Allowance, and b is to be taken into consideration by the Scottish Minister in making the review determination. . 6 In regulation 15 (when an increase in level of entitlement takes effect), after paragraph (2), insert— 3 Where paragraph (1) applies, regulation 45 of the ADP Regulations does not apply. . 7 For regulation 16 (when a decrease in level or cessation of entitlement takes effect), substitute— When a decrease in level or cessation of entitlement takes effect 16 1 Where an individual’s entitlement to Adult Disability Payment is determined in the review determination to be at a lower rate than, or the same rate as awarded by, the transfer determination, entitlement under the review determination will take effect on the day that the Scottish Ministers make the review determination. 2 Where paragraph (1) applies, regulation 46 of the ADP Regulations does not apply. . SHIRLEY-ANNE SOMERVILLE A member of the Scottish Government St Andrew’s House, Edinburgh 16th November 2023