Regulation 35 Individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to ScotlandI1

Where an individual—

the Scottish Ministers are to make a determination without application of the individual’s entitlement to Child Disability Payment.

Entitlement to Child Disability Payment under paragraph (1) begins on the day after the day on which F2the individual’s entitlement to Disability Living Allowance ends .

In this regulation, “the date of the move” is the date when the individual becomes resident in Scotland as notified by the individual F3or otherwise communicated to the Scottish Ministers (whether the notification takes place before or after the date of the move).

This regulation applies where an individual—

Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Child Disability Payment, entitlement to assistance is to begin in accordance with paragraphs (3) to (5).

Where, for the purpose of an application for Child Disability Payment—

entitlement begins on the day on which the individual’s entitlement to Disability Living Allowance ceased.

Subject to paragraph (5), where the required data or application is submitted after the period described in paragraph (3)(a) or (b), entitlement to Child Disability Payment begins in accordance with regulation 24(4) to (6) (when an application is to be treated as made and beginning of entitlement to assistance).

Where the Scottish Ministers are satisfied that there is a good reason why the required data or application was submitted after the period described in paragraph (3)(a) or (b), they may treat the required data as having been submitted, or the application as having been made, within that period.

 In this regulation, “the date of the move” is the date when the individual becomes resident in Scotland, as notified by the individual or otherwise communicated to the Scottish Ministers (whether the notification takes place before or after the date of the move).