{
  "url": "https://openlegislation.uk/disability-assistance-for-children-and-young-people-scotland-regulations-2021/regulation-29",
  "json_url": "https://openlegislation.uk/disability-assistance-for-children-and-young-people-scotland-regulations-2021/regulation-29.json",
  "legislation": "ssi/2021/174",
  "legislation_title": "The Disability Assistance for Children and Young People (Scotland) Regulations 2021",
  "legislation_url": "https://openlegislation.uk/disability-assistance-for-children-and-young-people-scotland-regulations-2021",
  "path": "regulation/29",
  "kind": "regulation",
  "number": "29",
  "heading": "When a decrease in level or cessation of entitlement takes effect",
  "text": "(1) Where, as a result of a determination without an application, the amount of Child Disability Payment payable in respect of an individual is decreased or their entitlement to a component is ceased, the change takes effect —\n(a) in the case of a decrease pursuant to a determination made under regulation 31(c) or (d) (determination following change of circumstances etc.) on the day after the day on which Disability Living Allowance ceased to be paid in respect of the individual,\n(aa) in the case of a determination without application under regulation 31(b), on the date of the individual’s death,\n(b) in the case of a determination without application under regulation 30 or 31(a), on the date on which —\n(i) where the individual was required to notify a change under section 56 of the 2018 Act, if the individual—\n(aa) knowingly fails to notify a change, or\n(bb) fails to notify the change as soon as reasonably practicable after it occurred,\nthe individual should have notified the Scottish Ministers of the change,\n(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,\n(ib) where the Scottish Ministers have—\n(aa) made a decision to suspend the individual’s Child Disability Payment in terms of regulation 26A(1) and (3)(a), and\n(bb) subsequently made the determination on the basis that the eligibility rules for Child Disability Payment are not satisfied, as provided for by section 54(2) of the 2018 Act,\nthe individual’s Child Disability Payment was suspended, or\n(ii) in any other case, the Scottish Ministers make the determination,\n(c) in the case of an earlier determination which was based on official error within the meaning of regulation 32 (determination following official error - underpayments) or on error within the meaning of regulation 33 (determination following error – overpayments), begins on the date when the earlier determination took effect,\n(d) in any other case, on the date when Scottish Ministers make the determination.\n(2) Where the Scottish Ministers consider that in all the circumstances it would be unjust not to do so, they may, when making their determination, set a later date for the purposes of paragraph 1(b), (c) or (d).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 29(1) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 14(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 29(1)(a) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 14(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 29(1)(aa) inserted (20.11.2023) by The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/346), regs. 1, 3(5)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 29(1)(b) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 14(c)(i)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 29(1)(b) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 14(c)(ii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 29(1)(b)(i) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 14(c)(iii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Reg. 29(1)(b)(ia) inserted (20.11.2023) by The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/346), regs. 1, 3(5)(b)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Reg. 29(1)(b)(ib) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 8(8) (with savings in reg. 14(4)(7))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 29 in force at 26.7.2021, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2021/174/regulation/29",
    "retrieved_at": "2026-10-28T20:56:06.889002+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}