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Regulation 6 Amendment of the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018

Original text. Later amendments are not shown.

(1)

The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018f1 are amended as follows.

(2)

In paragraph 4 of schedule 2 (residence requirement – pregnancy and baby grant), after sub- paragraph (2)(af), insert—

“(ag)

a person who has leave to enter or remain in the United Kingdom granted under or outside the immigration rules made under section 3(2) of the Immigration Act 1971, a right of abode in the United Kingdom within the meaning given in section 2 of that Act or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act and—

(i)

was residing in a country or territory outside of the United Kingdom,

(ii)

left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory immediately or arranged the evacuation of British nationals from that country or territory, and

(iii)

arrived in the United Kingdom in the first 26 weeks beginning on the date on which—

(aa)

the public information is issued, or

(bb)

the evacuation is started,

(ah)

a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of those rules,”.

(3)

In paragraph 6 of schedule 2 (the basic amount – pregnancy and baby grant)—

(a)

at the end of sub-paragraph (6)(b)(v), omit “or”,

(b)

after sub-paragraph (6)(b)(vi), insert—

“, or

(vii)

a person who has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act and—

(aa)

was residing in a country or territory outside of the United Kingdom,

(bb)

left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory immediately or arranged the evacuation of British nationals from that country or territory, and

(cc)

arrived in the United Kingdom in the first 26 weeks beginning on the date on which—

(A) the public information is issued, or

(B) the evacuation is started, or

(viii)

a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of those rules.”,

(c)

in sub-paragraph (7), for “paragraph (6)” substitute “sub-paragraph (6)”.

(4)

In paragraph 3 of schedule 3 (residence requirement – early learning grant), after sub-paragraph (2)(af), insert—

“(ag)

a person who has leave to enter or remain in the United Kingdom granted under or outside the immigration rules made under section 3(2) of the Immigration Act 1971, a right of abode in the United Kingdom within the meaning given in section 2 of that Act or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act and—

(i)

was residing in a country or territory outside of the United Kingdom,

(ii)

left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory immediately or arranged the evacuation of British nationals from that country or territory, and

(iii)

arrived in the United Kingdom in the first 26 weeks beginning on the date on which—

(aa)

the public information is issued, or

(bb)

the evacuation is started,

(ah)

a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of those rules,”.

(5)

In paragraph 4 of schedule 4 (residence requirement – school-age grant), after sub-paragraph (2)(af), insert—

“(ag)

a person who has leave to enter or remain in the United Kingdom granted under or outside the immigration rules made under section 3(2) of the Immigration Act 1971, a right of abode in the United Kingdom within the meaning given in section 2 of that Act or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act and—

(i)

was residing in a country or territory outside of United Kingdom,

(ii)

left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory immediately or arranged the evacuation of British nationals from that country or territory, and

(iii)

arrived in the United Kingdom in the first 26 weeks beginning on the date on which—

(aa)

the public information is issued, or

(bb)

the evacuation is started,

(ah)

a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of those rules,”.

Annotations

Footnotes

f1

S.S.I. 2018/370, relevantly amended by S.S.I. 2019/110, S.S.I. 2019/157, S.S.I. 2020/399, S.S.I. 2021/320, S.S.I. 2022/108, S.S.I. 2022/336, S.S.I. 2023/149, S.S.I. 2023/309, S.S.I. 2025/250 and S.S.I. 2025/336.