Regulation 4 Amendment of the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018

(1)

The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018^f1 are amended in accordance with paragraphs (2) to (4).

(2)

In schedule 2 (pregnancy and baby grant), in paragraph 4(2) (residence requirement)—

(a)

for head (aa), substitute—

“(aa)

a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and has been granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971^f2 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act (“the EU Settlement Scheme”),”,

(b)

after head (aa), insert—

“(aaa)

a person who has made a valid application for indefinite or limited leave to enter, or remain in, the United Kingdom under the EU Settlement Scheme and that application is pending a final decision,

(aab)

a person who is a family member within the meaning of Article 9 of the EU withdrawal agreement,”.

(3)

In schedule 3 (early learning grant), in paragraph 3(2) (residence requirement)—

(a)

for head (aa), substitute—

“(aa)

a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and has been granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act (“the EU Settlement Scheme”),”,

(b)

after head (aa), insert—

“(aaa)

a person who has made a valid application for indefinite or limited leave to enter, or remain in, the United Kingdom under the EU Settlement Scheme and that application is pending a final decision,

(aab)

a person who is a family member within the meaning of Article 9 of the EU withdrawal agreement,”.

(4)

In schedule 4 (school-age grant), in paragraph 4(2) (residence requirement)—

(a)

for head (aa), substitute—

“(aa)

a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and has been granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act (“the EU Settlement Scheme”),”,

(b)

after head (aa), insert—

“(aaa)

a person who has made a valid application for indefinite or limited leave to enter, or remain in, the United Kingdom under the EU Settlement Scheme and that application is pending a final decision,

(aab)

a person who is a family member within the meaning of Article 9 of the EU withdrawal agreement,”.

Annotations

Footnotes

f1: S.S.I. 2018/370, relevantly amended by S.S.I. 2019/157 and S.S.I. 2020/399.
f2: 1971 c. 77.