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Paragraph 1 Entitlement to short-term assistanceI1

Scotland

F1(1)

Subject to sub-paragraph (2) or (3), an individual who is, or was, entitled to Child Disability Payment under a determination made on the basis that the individual has ongoing entitlement is entitled to short-term assistance where—

(a)

that determination of the individual’s entitlement to Child Disability Payment (“the earlier determination”) has been superseded by—

(i)

a determination under section 37 (duty to make a determination) of the 2018 Act, or

(ii)

if the earlier determination is a determination—

(aa)

of an application for Child Disability Payment,

(bb)

F2without application of an individual’s entitlement to Child Disability Payment under paragraph 9 of this schedule (determination without application of entitlement to Child Disability Payment),

(cc)

without application of an individual’s entitlement to Child Disability Payment under regulation 35 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland),

a determination under section 43 (Scottish Ministers’ duty to re-determine) or section 49 (First-tier Tribunal’s power to determine entitlement on appeal) of the 2018 Act

(b)

as a result of—

(i)

the earlier determination being superseded as mentioned in sub-paragraph (1)(a), or

(ii)

a later determination under section 43 or section 49 of the 2018 Act in relation to the individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in sub-paragraph (1)(a)(i), or the earlier determination mentioned in sub-paragraph (1)(a)(ii), relates,

the individual—

(iii)

is no longer entitled to Child Disability Payment, or

(iv)

is entitled to less Child Disability Payment than they were under the earlier determination,

(c)

the individual’s entitlement to Child Disability Payment is under review within the meaning of—

(i)

paragraph 1(2) of schedule 10 of the 2018 Act, or

(ii)

sub-paragraph (1A), and

(d)

the individual—

(i)

continues to meet the conditions as to residence and presence set out in regulations 5 to 9A, or

(ii)

has transferred to become resident in another part of the United Kingdom, and the matter under review is the determination of entitlement for the 13-week period beginning in accordance with regulation 36 (individuals in respect of whom Child Disability Payment is paid at the time of moving to another part of the United Kingdom).

F3(1A)

An individual’s entitlement to Child Disability Payment is under review in terms of sub-paragraph F4(1)(c)(ii) if—

(a)

a decision of the First-Tier Tribunal for Scotland under section 49 of the 2018 Act, in relation to the F5individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates, is set aside after a review under section 43(2) of the Tribunals (Scotland) Act 2014 (review of decisions), and

(b)

the First-Tier Tribunal for Scotland decides not to uphold a determination of an individual’s entitlement to Child Disability Payment in an appeal under section 46 of the 2018 Act and the First-Tier Tribunal for Scotland is to make a determination of the individual’s entitlement to Child Disability Payment under section 49 of the 2018 Act.

(1B)

Where F6a determination of an individual’s entitlement to Child Disability Payment is set aside after a review in terms of sub-paragraph (1A)(a) F7and the individual had previously been awarded short-term assistance on the basis that their entitlement to Child Disability Payment was under review by the First-tier Tribunal prior to it making the decision that has been set aside, the Scottish Ministers are to make a determination without application of the individual’s entitlement to short-term assistance.

F8(1C)

Where the First-tier Tribunal for Scotland set aside a decision by the Scottish Ministers not to accept a request for a re-determination of F9the individuals’ entitlement to Child Disability Payment for the period to which the determination mentioned in sub-paragraph (1)(a)(i) relates, and the Scottish Ministers had previously determined, pursuant to an application made by the individual, that the individual was not entitled to short-term assistance on the basis that the F10individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in sub-paragraph (1)(a)(i) relates was not under review, the Scottish Ministers are to make a determination without application of the individual’s entitlement to short-term assistance.

F11(2)

An individual is not entitled to short-term assistance where the individual is no longer entitled to Child Disability Payment as a result of a subsequent determination made under—

(a)

regulation 31(a) (determination following change of circumstances etc.) where the change of circumstances is that the individual—

(i)

no longer meets the requirements of regulation 4 (age criteria), or

(ii)

is entitled to Adult Disability Payment under a determination—

(aa)

made pursuant to an application made by the individual in accordance with regulation 58 (applications by individuals entitled to Child Disability Payment), or

(bb)

made without receiving an application in accordance with regulation 59 (determination without application – terminal illness),

of the Disability Assistance for Working Age People (Scotland) Regulations 2022, or

(b)

regulation 31(b).

(3)

An individual to whom regulation 17(2) (effect of admission to a care home on ongoing entitlement to care component) F12, 18(2) (effect of legal detention on ongoing entitlement to care component) F13, or 20(2) (entitlement to care component beginning while in alternative accommodation) applies is not entitled to short-term assistance in respect of the care component of Child Disability Payment.

(4)

Where the Scottish Ministers have made a determination under section 37 of the 2018 Act (duty to make determination) that an individual is entitled to short-term assistance, entitlement to short-term assistance begins—

(a)

where a request is made under section 41 of the 2018 Act (right to request re-determination) for a re-determination F14... of the individual’s entitlement to Child Disability Payment F15for the period to which the determination mentioned in paragraph 1(1)(a) F16(i) relates, on the day that request is made,

(b)

where a notice of appeal is submitted under section 47 of the 2018 Act (initiating an appeal) against F17a determination of the individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in paragraph 1(1)(a) F18(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii), on the day that request is made,

(c)

where a decision of the Scottish Ministers is made not to accept a request for a re-determination of the individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in paragraph 1(1)(a) (i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates F19(i) relates, on the day that decision is set aside by the First-tier Tribunal for Scotland, F20...

(d)

F21where a request is made under section 48(1)(b) of the 2018 Act (deadline for appealing) for permission to appeal F22a determination of the individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in paragraph 1(1)(a) F23(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates, on the day that request is made

F24, or

(e)

where a decision of the First-tier Tribunal for Scotland under section 49 of the 2018 Act, in relation to F25a determination of the individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in paragraph 1(1)(a) F26(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates, is set aside after review under section 43(2) of the Tribunals (Scotland) Act 2014 (review of decisions) and the First-tier Tribunal for Scotland is to make a decision about the individual’s entitlement to Child Disability Payment under section 49 of the 2018 Act, on the day that the decision is set aside.

F27(5)

Regulation 37 (periods in respect of a re-determination request) applies to short-term assistance in the same way as it applies to Child Disability Payment.

F28(6)

In this part of the schedule “the earlier determination” has the meaning given in sub-paragraph (1)(a).

Annotations

Textual amendments

F1

Sch. para. 1(1) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(a)

F2

Sch. para. 1(1)(a)(ii)(bb), (cc) revoked (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), 14(1)(f) (with savings in reg. 14(2)-(6))

F3

Sch. paras. 1(1A)(1B) inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 19(1)(b)

F4

Word in sch. para. 1(1A) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(b)

F5

Words in sch. para. 1(1A)(a) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(c)

F6

Words in sch. para. 1(1B) inserted (9.2.2022) by The Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022 (S.S.I. 2022/41), regs. 1, 3(11)(a)(i)

F7

Words in sch. para. 1(1B) inserted (9.2.2022) by The Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022 (S.S.I. 2022/41), regs. 1, 3(11)(a)(ii)

F8

Sch. para. 1(1C) inserted (9.2.2022) by The Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022 (S.S.I. 2022/41), regs. 1, 3(11)(b)

F9

Words in sch. para. 1(1C) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(d)

F10

Words in sch. para. 1(1C) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(e)

F11

Sch. para. 1(2) substituted (21.3.2022) by The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/31), regs. 1, 19(4)(a) (with reg. 20)

F12

Words in sch. para. 1(3) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 19(1)(c)(i)

F13

Words in sch. para. 1(3) inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 19(1)(c)(ii)

F14

Words in sch. para. 1(4)(a) omitted (22.11.2021) by virtue of The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 19(1)(d)(i)

F15

Words in Sch. para. 1(4)(a)-(e) inserted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(f)

F16

Words in sch. para. 1(4)(a) inserted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(g)

F17

Words in sch. para. 1(4)(b) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(h)

F18

Words in sch. para. 1(4)(b) inserted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(i)

F19

Words in sch. para. 1(4)(c) inserted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(g)

F20

Word in sch. para. 1(4)(c) omitted (22.11.2021) by virtue of The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 19(1)(d)(ii)

F21

Word in sch. para. 1(4)(d) inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 19(1)(d)(iii)

F22

Words in sch. para. 1(4)(d) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(h)

F23

Words in sch. para. 1(4)(d) inserted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(i)

F24

Sch. para. 1(4)(e) and word inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 19(1)(d)(iv)

F25

Words in sch. para. 1(4)(e) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(j)

F26

Words in sch. para. 1(4)(e) inserted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(i)

F27

Sch. para. 1(5) inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 19(1)(d)(iv)

F28

Sch. para. 1(6) inserted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(k)

Commencement

I1

Sch. para. 1 in force at 26.7.2021, see reg. 1