Paragraph 11 Determination following award of a Scottish child payment in respect of another childI1

Scotland

(1)

The Scottish Ministers are to make a determination of an individual's entitlement to a Scottish child payment in respect of a child (without receiving an application) where—

(a)

the individual has been properly awarded a Scottish child payment in respect of another child and has an ongoing entitlement to that payment (see regulation 19),

(b)

the individual notifies the Scottish Ministers that the individual has responsibility for the child (see regulation 9), and

(c)

it appears to the Scottish Ministers that, unless there is a change in circumstances, the individual is likely to be entitled to a Scottish child payment in respect of the child.

(2)

In making a determination required by sub-paragraph (1), the Scottish Ministers may use such of the information they have obtained in connection with the award referred to in sub-paragraph (1)(a) as appears to them to be relevant.

(3)

Where a determination is to be made by virtue of this paragraph, references in these Regulations to the day the application is made are to be read as references to—

(a)

the day on which notification is given under sub-paragraph (1)(b), or

(b)

F1where the child is under 6 years old such earlier day not more than 4 weeks before that day on which the child was recognised to be a child for whom the individual has responsibility in terms of an award of assistance mentioned in regulation 12(2)(a), F2or

F3(c)

where the child is 6 years old or older, such earlier day which is—

(i)

not more than 4 weeks before that day on which the child was recognised to be a child for whom the individual has responsibility in terms of an award of assistance mentioned in regulation 12(2)(a), and

(ii)

on or after 14 November 2022.

Annotations

Textual amendments

F1: Words in sch. para. 11(3)(b) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 4(8)(a)(i) (with reg. 5)
F2: Word in sch. para. 11(3)(b) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 4(8)(a)(ii) (with reg. 5)
F3: Sch. para. 11(3)(c) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 4(8)(a)(iii) (with reg. 5)

Commencement

I1: Sch. para. 11 in force at 9.11.2020, see reg. 2