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The Disability Assistance for Children and Young People (Scotland) Regulations 2021

S.S.I. 2021/174 · Made 24 March 2021 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2026.

Social Security

Made 24th March 2021

Coming into force 26th July 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 31(2), 36(2), 41(4)(a), 43(5), 51(1), 52 and 95 of the Social Security (Scotland) Act 2018f1 and all other powers enabling them to do so.

In accordance with section 96(2) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 97(2) of that Act, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.

Annotations to the whole text

Footnotes

f1

2018 asp 9 (“the 2018 Act”). Schedules 5 and 10 of the 2018 Act, respectively make provision about the exercise of powers under sections 31 and 36. The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) and the Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.

Contents

  1. Part 1: Introductory and interpretation
  2. 1Citation and commencement
  3. 2Interpretation - general
  4. Part 2: Disability assistance for children and young people
  5. 3Overview
  6. Part 3: Eligibility
  7. 4Age criteria
  8. 5Residence and presence conditions
  9. 6Interpretation - residence and presence conditions
  10. 7Temporary absence from the common travel area
  11. 7ATime limits on absences where the claimant is treated as being in the common travel area
  12. 8Persons residing in the United Kingdom to whom a relevant EU regulation applies
  13. 9Persons residing outside the United Kingdom to whom a relevant EU regulation applies
  14. 9ANo entitlement to care component where UK is not competent state
  15. 10Entitlement to other benefits
  16. 11Care component criterion: lowest, middle or highest rate care component
  17. 12Mobility requirements: lower rate mobility component
  18. 13Mobility requirements: higher rate mobility component
  19. 14Exclusion of entitlement to mobility component
  20. Part 4: Entitlement under special rules for terminal illness and when undergoing dialysis
  21. 15Entitlement under special rules for terminal illness
  22. 16Entitlement to care component when undergoing dialysis
  23. Part 5: Effect of time spent in care homes and in legal detention
  24. 17Effect of admission to a care home on ongoing entitlement to care component
  25. 18Effect of legal detention on ongoing entitlement to care component
  26. 19Calculation of periods of time spent in a care home or in legal detention
  27. 20Entitlement to care component beginning while in alternative accommodation
  28. 21Entitlement to care component of Child Disability Payment while an in-patient
  29. Part 6: Making of applications and payments and duration of eligibility
  30. 22Making payments
  31. 23Amount and form of Child Disability Payment
  32. 24When an application is to be treated as made and beginning of entitlement to assistance
  33. 25Time of payment
  34. 26Continuing eligibility
  35. 26ACircumstances in which assistance may be suspended
  36. 26BHaving regard to financial circumstances
  37. 26CInformation to be given following suspension
  38. 26DRight to review suspension
  39. 26EEnding a suspension
  40. 26FEffect of suspension ending
  41. 27Form of payment – giving Child Disability Payment by way of deduction
  42. 28When an increase in level of entitlement takes effect
  43. 29When a decrease in level or cessation of entitlement takes effect
  44. Part 7: Re-consideration of entitlement to Child Disability Payment: determination without application
  45. 30Consideration of entitlement after specified period
  46. 31Determination following change of circumstances etc.
  47. 32Determination following official error - underpayments
  48. 33Determination following error - overpayments
  49. 34Determination to effect a deduction decision
  50. Part 8: Movement of individuals between Scotland and the rest of the United Kingdom
  51. 35Individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland
  52. 35AIndividuals in respect of whom Disability Living Allowance was paid before 7 July 2023
  53. 35BIndividuals with entitlement to Child Disability Payment in respect of whom Disability Living Allowance was paid before 7 July 2023
  54. 36Individuals in respect of whom Child Disability Payment is paid at the time of moving to another part of the United Kingdom
  55. Part 9: Periods in respect of a re-determination request
  56. 37Periods in respect of a re-determination request
  57. Part 10: Provision of vehicles
  58. 38Payment of mobility component to authorised providers of vehicles for individuals with disabilities
  59. 39Vehicles for persons with disabilities – powers of appointees
  60. Part 11: Initial period for applications
  61. 40Initial period for applications Repealed
  62. Part 12: Transfer to Child Disability Payment
  63. 41Transfer to Child Disability Payment
  64. Part 13: Short-term assistance
  65. 42Entitlement to short-term assistance
  66. Part 14: Consequential amendment
  67. 43Consequential amendment
  68. Part 15: Transitory provision
  69. 44Transitory provision – initial period for applications Repealed
  70. 45Exclusion to transitory provision Repealed
  71. Signature
  72. Schedule
  73. Part 1: Short-term assistance
  74. 1Entitlement to short-term assistance
  75. 2Value and form
  76. 3End of entitlement
  77. 4Reduction of payment of Child Disability Payment where short-term assistance is paid
  78. Part 2: Initial period for applications
  79. 5Initial period for applications Repealed
  80. 6Local authority areas for initial period for applications Repealed
  81. Part 3: Transfer to Child Disability Payment
  82. 7Interpretation
  83. 8Notice of intention to transfer to Child Disability Payment
  84. 9Determination without application of entitlement to Child Disability Payment
  85. 10Effect of determination on entitlement to Disability Living Allowance
  86. 11Exceptions to paragraph 9(4)
  87. 12Effect of legal custody on payment of the mobility component
  88. 13Modification of these Regulations: transferring individuals
  89. 14Appointees
  90. Part 4: Consequential amendment
  91. 15Paragraph 15
  92. Explanatory note