# The Disability Assistance for Children and Young People (Scotland) Regulations 2021, Regulation 35A: Individuals in respect of whom Disability Living Allowance was paid before 7 July 2023


(1) This regulation applies where an individual—
(a) immediately before 7 July 2023—
(i) was entitled to Disability Living Allowance, and
(ii) either—
(aa) fell within the definition of a “relevant individual” in terms of regulation 41 and paragraph 7 of the schedule as they applied before 6 November 2025, or
(bb) would have fallen within the definition referred to in sub-head (aa) had the entitlement to Disability Living Allowance referenced in head (i) been established prior to 7 July 2023,
(b) has not had their entitlement transferred or otherwise become entitled to Child Disability Payment, and
(c) is not a person to whom regulation 35(1) applies.
(2) 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 paragraph (3) to (5).
(3) Where, for the purpose of an application for Child Disability Payment—
(a) the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers within 26 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Disability Living Allowance was not transferred to an entitlement to Child Disability Payment, and
(b) an application is made within 32 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Disability Living Allowance was not transferred to an entitlement to Child Disability Payment,
entitlement begins on the day on which the individual’s entitlement to Disability Living Allowance ceased.
(4) 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).
(5) 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.
(6) In this regulation and regulation 35B, references to transfer to Child Disability Payment are to transfer by virtue of regulation 41 and Part 3 of the schedule, as they applied before 6 November 2025.

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Source: https://www.legislation.gov.uk/ssi/2021/174/regulation/35A (the official version)
Page: https://openlegislation.uk/disability-assistance-for-children-and-young-people-scotland-regulations-2021/regulation-35A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.