The Disability Assistance for Children and Young People (Scotland) Regulations 2021
S.S.I. 2021/174 · Made 24 March 2021 · Extends to Scotland
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
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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
- Part 1: Introductory and interpretation
- 1Citation and commencement
- 2Interpretation - general
- Part 2: Disability assistance for children and young people
- 3Overview
- Part 3: Eligibility
- 4Age criteria
- 5Residence and presence conditions
- 6Interpretation - residence and presence conditions
- 7Temporary absence from the common travel area
- 7ATime limits on absences where the claimant is treated as being in the common travel area
- 8Persons residing in the United Kingdom to whom a relevant EU regulation applies
- 9Persons residing outside the United Kingdom to whom a relevant EU regulation applies
- 9ANo entitlement to care component where UK is not competent state
- 10Entitlement to other benefits
- 11Care component criterion: lowest, middle or highest rate care component
- 12Mobility requirements: lower rate mobility component
- 13Mobility requirements: higher rate mobility component
- 14Exclusion of entitlement to mobility component
- Part 4: Entitlement under special rules for terminal illness and when undergoing dialysis
- 15Entitlement under special rules for terminal illness
- 16Entitlement to care component when undergoing dialysis
- Part 5: Effect of time spent in care homes and in legal detention
- 17Effect of admission to a care home on ongoing entitlement to care component
- 18Effect of legal detention on ongoing entitlement to care component
- 19Calculation of periods of time spent in a care home or in legal detention
- 20Entitlement to care component beginning while in alternative accommodation
- 21Entitlement to care component of Child Disability Payment while an in-patient
- Part 6: Making of applications and payments and duration of eligibility
- 22Making payments
- 23Amount and form of Child Disability Payment
- 24When an application is to be treated as made and beginning of entitlement to assistance
- 25Time of payment
- 26Continuing eligibility
- 26ACircumstances in which assistance may be suspended
- 26BHaving regard to financial circumstances
- 26CInformation to be given following suspension
- 26DRight to review suspension
- 26EEnding a suspension
- 26FEffect of suspension ending
- 27Form of payment – giving Child Disability Payment by way of deduction
- 28When an increase in level of entitlement takes effect
- 29When a decrease in level or cessation of entitlement takes effect
- Part 7: Re-consideration of entitlement to Child Disability Payment: determination without application
- 30Consideration of entitlement after specified period
- 31Determination following change of circumstances etc.
- 32Determination following official error - underpayments
- 33Determination following error - overpayments
- 34Determination to effect a deduction decision
- Part 8: Movement of individuals between Scotland and the rest of the United Kingdom
- 35Individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland
- 35AIndividuals in respect of whom Disability Living Allowance was paid before 7 July 2023
- 35BIndividuals with entitlement to Child Disability Payment in respect of whom Disability Living Allowance was paid before 7 July 2023
- 36Individuals in respect of whom Child Disability Payment is paid at the time of moving to another part of the United Kingdom
- Part 9: Periods in respect of a re-determination request
- 37Periods in respect of a re-determination request
- Part 10: Provision of vehicles
- 38Payment of mobility component to authorised providers of vehicles for individuals with disabilities
- 39Vehicles for persons with disabilities – powers of appointees
- Part 11: Initial period for applications
- 40Initial period for applications Repealed
- Part 12: Transfer to Child Disability Payment
- 41Transfer to Child Disability Payment
- Part 13: Short-term assistance
- 42Entitlement to short-term assistance
- Part 14: Consequential amendment
- 43Consequential amendment
- Part 15: Transitory provision
- 44Transitory provision – initial period for applications Repealed
- 45Exclusion to transitory provision Repealed
- Signature
- Schedule
- Part 1: Short-term assistance
- 1Entitlement to short-term assistance
- 2Value and form
- 3End of entitlement
- 4Reduction of payment of Child Disability Payment where short-term assistance is paid
- Part 2: Initial period for applications
- 5Initial period for applications Repealed
- 6Local authority areas for initial period for applications Repealed
- Part 3: Transfer to Child Disability Payment
- 7Interpretation
- 8Notice of intention to transfer to Child Disability Payment
- 9Determination without application of entitlement to Child Disability Payment
- 10Effect of determination on entitlement to Disability Living Allowance
- 11Exceptions to paragraph 9(4)
- 12Effect of legal custody on payment of the mobility component
- 13Modification of these Regulations: transferring individuals
- 14Appointees
- Part 4: Consequential amendment
- 15Paragraph 15
- Explanatory note