Paragraph 8 Determination following backdated award of assistance
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) to (5) apply.
A determination has previously been made that the individual is not entitled to the payment in connection with the child (“the original determination”).
The Scottish Ministers establish that a backdated award of assistance of a kind specified in—
regulation 12(2)(a) is made in circumstances in which regulation 12(2)(b) applies, or
regulation 14 is made.
The award referred to in sub-paragraph (3) (“the backdated award”) is backdated to a day, or a period that begins on a day, that falls no later than the day on which the original determination was made.
Had the backdated award been made before the original determination, a determination that the individual is entitled to a Scottish child payment would have been made instead.
For the purposes of this paragraph, an award is backdated if it relates to a day, or a period that begins on a day, that falls before the day the decision to make the award was taken.