Regulation 14 Revocation, savings and transitional provisions – the Disability Assistance for Children and Young People (Scotland) Regulations 2021
Except where paragraphs (2) to (6) apply, the following provisions of the Child Disability Payment Regulations are revoked—
regulation 31(c) and (d) (determination following change of circumstances etc.),
regulation 40 (initial period for applications),
regulation 41 (transfer to Child Disability Payment),
regulation 44 (transitory provision – initial period for applications),
regulation 45 (exclusion to transitory provision),
paragraph 1(1)(a)(ii)(bb) and (cc) of the schedule (entitlement to short-term assistance),
Part 2 of the schedule (initial period for applications), and
Part 3 of the schedule (transfer to Child Disability Payment).
Despite the revocations in paragraph (1) the provisions of the Child Disability Payment Regulations mentioned in paragraph (3) continue to have effect on and after 6 November 2025 for any individual on whom, prior to 6 November 2025, the Scottish Ministers have served a notice of intention to transfer to Child Disability Payment under paragraph 8 of the schedule of those Regulations.
The provisions referred to in paragraph (2) are—
regulation 31(c),
regulation 41,
paragraph 1(1)(a)(ii)(bb) of the schedule, and
Part 3 of the schedule.
Despite the amendment made by regulation 8(8) of these Regulations to the Child Disability Payment Regulations, where, prior to 6 November 2025 the Scottish Ministers have made a decision to suspend the individual’s Child Disability Payment in accordance with regulation 26A(1) and (3)(a) of those Regulations, regulation 29(1)(b) of those Regulations applies as it did prior to 6 November 2025.
Despite the revocations in paragraph (1), and substitution by regulation 8(9) of these Regulations, where, prior to 6 November 2025—
an individual under the age of 18 becomes resident in Scotland, and
the Scottish Ministers become aware that the individual has become resident in Scotland,
the provisions of the Child Disability Payment Regulations mentioned in paragraph (6) apply as they did prior to 6 November 2025.
The provisions referred to in paragraph (5) are—
regulation 31(d),
regulation 35 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland), and
paragraph 1(1)(a)(ii)(cc) of the schedule.
This paragraph applies where an individual—
is an individual to whom regulation 35(1) of the Child Disability Payment Regulations, as substituted by regulation 8(9) of these Regulations, would apply,
the date of the move is—
on or after 7 July 2023, and
before 6 November 2025, and
the Scottish Ministers become aware on or after 6 November 2025 that the individual has become resident in Scotland.
Where on the basis of an application, a determination is to be made in relation to an individual to whom paragraph (7) applies, the following provisions of the Child Disability Payment Regulations do not apply to that individual—
regulation 4(2) (age criteria), and
regulation 24(3) (when an application is to be treated as made and beginning of entitlement to assistance).
Where on the basis of an application, a determination is made that an individual to whom paragraph (7) applies is entitled to Child Disability Payment, entitlement begins—
where for the purpose of an application for Child Disability Payment—
the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers within 26 weeks of the date the Scottish Ministers become aware that the individual is an individual to whom paragraph (7) applies, and
an application is made within 32 weeks of the date referred to in head (i),
on the day on which the individual’s entitlement to Disability Living Allowance ceased, or
subject to paragraph (10), where the required data or application is submitted after the period described in sub-paragraph (a)(i) or (ii), in accordance with regulation 24(4) to (6) of the Child Disability Payment Regulations.
Where the Scottish Ministers are satisfied that there is a good reason why the required data or application was submitted after the period described in paragraph (9)(a)(i) or (a)(ii), they may treat the required data as having been submitted, or the application as having been made, within that period.
In this regulation, “the date of the move” has the same meaning as in regulation 35(6) of the Child Disability Payment Regulations, as substituted by regulation 8(9) of these Regulations.