{
  "url": "https://openlegislation.uk/draft-social-security-cross-border-provision-case-transfer-and-miscellaneous-amendments-scotland-regulations-2025/regulation-8",
  "json_url": "https://openlegislation.uk/draft-social-security-cross-border-provision-case-transfer-and-miscellaneous-amendments-scotland-regulations-2025/regulation-8.json",
  "legislation": "sdsi/2025/9780111063347",
  "legislation_title": "The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-social-security-cross-border-provision-case-transfer-and-miscellaneous-amendments-scotland-regulations-2025",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Amendment of the Disability Assistance for Children and Young People (Scotland) Regulations 2021",
  "text": "(1) The Child Disability Payment Regulations are amended in accordance with paragraphs (2) to (10).\n(2) In regulation 2 (interpretation – general), in the definition of “relevant EU Regulation”, for paragraph (b) substitute—\n“(b) in relation to an individual to whom the agreement constituted by the exchange of letters set out in the schedule of—\n(i) the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974, or\n(ii) the Social Security (Gibraltar) Order 2024,\napplies, a Regulation mentioned in paragraph (a) of this definition as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018,”.\n(3) In regulation 4(2) (age criteria) after “the 2018 Act” insert “(other than where regulation 35 or 35A applies)”.\n(4) In regulation 8(c)(i) (persons residing in the United Kingdom to whom a relevant EU regulation applies)—\n(a) at the end of head (cc), omit “or”,\n(b) after head (dd), insert—\n“or\n(ee) the agreement constituted by the exchange of letters set out in the schedule of the Social Security (Gibraltar) Order 2024, and”.\n(5) In regulation 9(2)(a)(i) (persons residing outside the United Kingdom to whom a relevant EU regulation applies)—\n(a) at the end of sub-head (cc), omit “or”,\n(b) at the end of sub-head (dd), for “and” substitute “or”,\n(c) after sub-head (dd), insert—\n“(ee) the agreement constituted by the exchange of letters set out in the schedule of the Social Security (Gibraltar) Order 2024, and”.\n(6) In regulation 24(3) (when an application is to be treated as made and beginning of entitlement to assistance), after “application” insert “(other than where regulation 35 or 35A applies)”.\n(7) In regulation 26A (circumstances in which assistance may be suspended), for paragraph (2), substitute—\n“(2) Where such a decision is made in respect of an individual, payments of Child Disability Payment to that individual are to be suspended until such time as the Scottish Ministers decide to end the suspension in accordance with regulation 26E.”.\n(8) In regulation 29(1)(b) (when a decrease in level or cessation of entitlement takes effect), after head (ia), insert—\n“(ib) where the Scottish Ministers have—\n(aa) made a decision to suspend the individual’s Child Disability Payment in terms of regulation 26A(1) and (3)(a), and\n(bb) subsequently made the determination on the basis that the eligibility rules for Child Disability Payment are not satisfied, as provided for by section 54(2) of the 2018 Act,\nthe individual’s Child Disability Payment was suspended, or”.\n(9) For regulation 35 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland), substitute—\n“Individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland\n35. (1) This regulation applies where an individual—\n(a) is under 18 years of age,\n(b) becomes resident in Scotland,\n(c) was resident in another part of the United Kingdom, and\n(d) was entitled to Disability Living Allowance immediately before the date of the move.\n(2) Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Child Disability Payment, entitlement to assistance is to begin in accordance with paragraphs (3) to (5).\n(3) Where, for the purpose of an application for Child Disability Payment—\n(a) 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 of the move, and\n(b) an application is made within 32 weeks of the date of the move,\nentitlement begins on the day on which the individual’s entitlement to Disability Living Allowance ceased.\n(4) Subject to paragraph (5), where the required data or application is submitted after the period described in paragraph (3)(a) or (b), entitlement to Child Disability Payment begins in accordance with regulation 24(4) to (6) (when an application is to be treated as made and beginning of entitlement to assistance).\n(5) 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 (3)(a) or (b), they may treat the required data as having been submitted, or the application as having been made, within that period.\n(6) In this regulation, “the date of the move” is the date when the individual becomes resident in Scotland, as notified by the individual or otherwise communicated to the Scottish Ministers (whether the notification takes place before or after the date of the move).”.\n(10) After regulation 35, insert—\n“Individuals in respect of whom Disability Living Allowance was paid before 7 July 2023\n35A. (1) This regulation applies where an individual—\n(a) immediately before 7 July 2023—\n(i) was entitled to Disability Living Allowance, and\n(ii) either—\n(aa) fell within the definition of a “relevant individual” in terms of regulation 41 and paragraph 7 of the schedule as they applied before 6 November 2025, or\n(bb) would have fallen within the definition referred to in sub-head (aa) had the entitlement to Disability Living Allowance referenced in head (i) been established prior to 7 July 2023,\n(b) has not had their entitlement transferred or otherwise become entitled to Child Disability Payment, and\n(c) is not a person to whom regulation 35(1) applies.\n(2) Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Child Disability Payment, entitlement to assistance is to begin in accordance with paragraph (3) to (5).\n(3) Where, for the purpose of an application for Child Disability Payment—\n(a) 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 on which the Scottish Ministers become aware that the individual’s previous entitlement to Disability Living Allowance was not transferred to an entitlement to Child Disability Payment, and\n(b) an application is made within 32 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Disability Living Allowance was not transferred to an entitlement to Child Disability Payment,\nentitlement begins on the day on which the individual’s entitlement to Disability Living Allowance ceased.\n(4) Subject to paragraph (5), where the required data or application is submitted after the period described in paragraph (3)(a) or (b), entitlement to Child Disability Payment begins in accordance with regulation 24(4) to (6) (when an application is to be treated as made and beginning of entitlement to assistance).\n(5) 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 (3)(a) or (b), they may treat the required data as having been submitted, or the application as having been made, within that period.\n(6) In this regulation and regulation 35B, references to transfer to Child Disability Payment are to transfer by virtue of regulation 41 and Part 3 of the schedule, as they applied before 6 November 2025.\nIndividuals with entitlement to Child Disability Payment in respect of whom Disability Living Allowance was paid before 7 July 2023\n35B. (1) This regulation applies where an individual—\n(a) immediately before 7 July 2023—\n(i) was entitled to Disability Living Allowance, and\n(ii) either—\n(aa) fell within the definition of a “relevant individual” in terms of regulation 41 and paragraph 7 of the schedule as they applied before 6 November 2025, or\n(bb) would have fallen within the definition referred to in sub-head (aa) had the entitlement to Disability Living Allowance referenced in head (i) been established prior to 7 July 2023,\n(b) has not had their entitlement transferred to Child Disability Payment,\n(c) has continuing entitlement to Child Disability Payment, and\n(d) is not a person to whom regulation 35(1) applies.\n(2) The Scottish Ministers must make a determination of an individual’s entitlement to Child Disability Payment, without receiving an application, where they become aware that paragraph (1) applies to that individual.\n(3) Where a determination is made under paragraph (2) that an individual is entitled to Child Disability Payment, entitlement to assistance is to begin on the day on which the individual’s entitlement to Disability Living Allowance ceased.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1974/555."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2018 c. 16, relevantly amended by section 25(2) of the European Union (Withdrawal Agreement) Act 2020 (c. 1)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2025/9780111063347/regulation/8",
    "retrieved_at": "2026-10-30T15:28:33.750357+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}