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Part of Scottish Adult Disability Living Allowance decision making guide


Entitlement begins by case transfer whilst in legal detention

If an individual is in legal detention when their case transfers from DLA to Scottish Adult DLA, their entitlement to Scottish Adult DLA can begin and they will be paid for the first 28 days (Scottish Adult DLA regs, reg. 27(2)). From day 29, their entitlement will be reduced to nil until they leave legal detention. If they return to legal detention within one year, their payment will be affected as described in the ‘Linked periods in legal detention’ section. Time spent in detention before their award was transferred does not count.

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