Regulation 4 Transitional provision: determination to extend existing award of Scottish child payment
The Scottish Ministers are to make a determination of an individual’s entitlement to a Scottish child payment where paragraph (2) applies.
On 14 November 2022, the individual has an ongoing entitlement to a Scottish child payment in accordance with regulation 19(1) of the 2020 Regulations (ongoing entitlement) by virtue of a determination that was made by the Scottish Ministers before that date.
Subject to paragraph (4), a determination under paragraph (1) must be made—
on the assumption that the individual continues to meet the eligibility criteria set out in regulation 18 of the 2020 Regulations (eligibility for a Scottish child payment) on the date on which the determination is made, and
on the basis that the individual has an ongoing entitlement to a Scottish child payment on the basis described in regulation 19(2) of the 2020 Regulationsf1.
Where a determination is to be, or has been, made under this regulation—
the individual’s entitlement begins on 14 November 2022,
regulation 18Af2 of the 2020 Regulations (beginning of entitlement to assistance) does not apply, and
the determination is to be treated for the purposes of the 2020 Regulations as a determination made by the Scottish Ministers under paragraph 3 of the schedule of those Regulations (duty to make a determination of entitlement).
Annotations
Footnotes
- f1
-
Regulation 19(2) is amended by regulation 2 of these Regulations.
- f2
-
Regulation 18A is inserted by regulation 4(5) of S.S.I. 2022/XXX.