# The Scottish Child Payment Regulations 2020, Paragraph 8: Determination following backdated award of assistance


(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) to (5) apply.
(2) A determination has previously been made that the individual is not entitled to the payment in connection with the child (“the original determination”).
(3) The Scottish Ministers establish that a backdated award of assistance of a kind specified in—
(a) regulation 12(2)(a) is made in circumstances in which regulation 12(2)(b) applies, or
(b) regulation 14 is made.
(4) 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.
(5) 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.
(6) 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.

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Source: https://www.legislation.gov.uk/sdsi/2020/9780111046395/schedule/paragraph/8 (the official version)
Page: https://openlegislation.uk/draft-scottish-child-payment-regulations-2020/schedule/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.