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Paragraph 13 Determination to effect a deduction decision

Original text. Later amendments are not shown.

(1)

The Scottish Ministers are to make a determination of an individual’s entitlement to a Scottish child payment (without receiving an application) where the circumstances in sub-paragraphs (2) and (3) apply.

(2)

This sub-paragraph applies where—

(a)

regulation 20 allows a Scottish child payment to be given to the individual by way of deduction, or

(b)

a Scottish child payment is being given to the individual by way of deduction, and the Scottish Ministers consider that may no longer be appropriate.

(3)

This sub-paragraph applies where the Scottish Ministers have decided to—

(a)

vary the amount of Scottish child payment to be given by way of deduction (including introducing a deduction, where the full amount of Scottish child payment was previously given as money),

(b)

vary any period for which the individual’s Scottish child payment is to be given by way of deduction that may have been specified in a previous determination of the individual’s entitlement, or

(c)

cease making deductions, and instead give the individual’s Scottish child payment in the form of money.

(4)

The Scottish Ministers are to make a determination (without receiving an application) where an individual who is receiving a Scottish child payment by way of deduction under a previous determination of entitlement notifies the Scottish Ministers that the individual—

(a)

withdraws their agreement to their Scottish child payment being given by way of deduction,

(b)

wishes the Scottish Ministers to increase the amount of their Scottish child payment that is given by way of deduction,

(c)

wishes the Scottish Ministers to decrease the amount of their Scottish child payment that is given by way of deduction (including ceasing the deduction), or

(d)

wishes the Scottish Ministers to amend the length of any period referred to in sub-paragraph (3)(b).

(5)

Where a determination is made in pursuance of sub-paragraph (1) or (4), references in these Regulations to the day on which the application is made are to be read as references to the day on which the determination is made.