{
  "url": "https://openlegislation.uk/disability-assistance-for-children-and-young-people-scotland-regulations-2021/regulation-35B",
  "json_url": "https://openlegislation.uk/disability-assistance-for-children-and-young-people-scotland-regulations-2021/regulation-35B.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/35B",
  "kind": "regulation",
  "number": "35B",
  "heading": "Individuals with entitlement to Child Disability Payment in respect of whom Disability Living Allowance was paid before 7 July 2023",
  "text": "(1) This regulation applies where an individual—\n(a) immediately before 7 July 2023—\n(i) was entitled to Disability Living Allowance, and\n(ii) either—\n(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\n(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,\n(b) has not had their entitlement transferred to Child Disability Payment,\n(c) has continuing entitlement to Child Disability Payment, and\n(d) is not a person to whom regulation 35(1) applies.\n(2) The Scottish Ministers must make a determination of an individual’s entitlement to Child Disability Payment, without receiving an application, where they become aware that paragraph (1) applies to that individual.\n(3) Where a determination is made under paragraph (2) that an individual is entitled to Child Disability Payment, entitlement to assistance is to begin on the day on which the individual’s entitlement to Disability Living Allowance ceased.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Regs. 35A, 35B 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(10)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2021/174/regulation/35B",
    "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."
}