The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018

Scottish Statutory Instruments

2018 No. 370

Social Security

The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018

Made

9th December 2018

Coming into force

10th December 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 32(2), 41(4)(a), 43(5) and 52 of the Social Security (Scotland) Act 2018 M1 and all other powers enabling them to do so.

In accordance with section 96 of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

Marginal Citations

M1 2018 asp 9. The regulation-making powers conferred by the Act include the power to make different provision for different purposes by virtue of section 96(1). The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). These Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.

PART 1 S Introduction

Citation S

1.  These Regulations may be cited as the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018.

Commencement S

2.  These Regulations come into force on the day after the day they are made.

Overview S

3.—(1) Part 2 makes provision about the interpretation of these Regulations.

(2) Schedule 1 makes provision about matters of procedure for determining entitlement to early years assistance.

(3) Schedule 2 makes provision about the early years assistance that is to be given in connection with having, or expecting to have, a new baby in the family (referred to in these Regulations as “pregnancy and baby grant”).

[F1 (4) Schedule 3 makes provision about the early years assistance that is to be given in connection with a child aged between 2 and 3½ years (referred to in these Regulations as “early learning grant”).]

[F2 (5) Schedule 4 makes provision about the early years assistance that is to be given in connection with a child reaching the age at which children in Scotland usually start primary school (referred to in these Regulations as “school-age grant”).]

Textual Amendments

F1 Reg. 3(4) inserted (29.4.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/157), regs. 2(2), 4

F2 Reg. 3(5) inserted (3.6.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/157), regs. 2(1), 7

PART 2 S Interpretation

Expressions about time and timing S

When an application is to be treated as made S

4.—(1) An application is to be treated as made—

(a) on the day it is received by the Scottish Ministers; or

(b) if applicable, on—

(i) the day chosen by the Scottish Ministers in accordance with paragraph (3); or

(ii) the day the applicant nominates (or is deemed to have nominated) under regulation 5.

[F3 (2) In a case where, by virtue of a paragraph of Part 2 of schedule 1, a determination is to be, or has been, made without an application, references in these Regulations to the day the application is made are to be read in accordance with that paragraph.]

(3) If, before making a determination on the basis of an application, the Scottish Ministers consider that the applicant—

(a) would not be eligible for the assistance applied for if the application were treated as made on the day they received it; and

(b) would be eligible for the assistance if the application were treated as made on a day falling within the period of 10 days beginning with the day they received it,

the Scottish Ministers may choose the day within that 10 day period on which the application is to be treated as made.

(4) For the avoidance of doubt, a thing that purports to be an application is not an application unless it is—

(a) made in the form; and

(b) accompanied by the evidence,

required under section 38 of the Social Security (Scotland) Act 2018.

Textual Amendments

F3 Reg. 4(2) substituted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 4

Late application: nomination of date S

5.—(1) An applicant may nominate the date on which an application will be treated as made by virtue of regulation 4(1)(b)(ii) if—

(a) the award of universal credit or assistance of a kind specified in regulation 11 that the applicant is relying on to meet the relevant eligibility condition is a backdated award;

(b) the backdated award is an award of assistance for—

(i) a day that falls within the application window; or

(ii) a period that includes at least 1 day that falls within the application window; and

(c) the application is received by the Scottish Ministers—

(i) not more than 20 working days after the last day of the application window; and

(ii) within 3 months of the applicant being informed of the backdated award by or on behalf of the public authority who made it.

(2) If the backdated award is for—

(a) 1 day only; or

(b) a period and only 1 day of it falls within the application window,

the applicant may only nominate that day under this regulation.

(3) If—

(a) the backdated award is for a period; and

(b) more than 1 day of the period falls within the application window,

the applicant may nominate any of those days under this regulation.

(4) If the applicant is entitled to nominate a day under this regulation but has not done so, the applicant is to be deemed to have nominated—

(a) the only day the applicant could have nominated in accordance with paragraph (2); or

(b) the latest day the applicant could have nominated in accordance with paragraph (3).

(5) In this regulation—

“application window” means—

(a)

in relation to an application for a pregnancy and baby grant, the period that—

(i)

[F4 begins—

(aa)

on the first day of the 24th week of the pregnancy that resulted, or is to result, in the birth of the child in question, or

(bb)

in a case where the child is born before the 24th week of pregnancy is reached, on the day the child is born, and]

(ii)

ends with the deadline set by paragraph 2 of schedule 2;

(b)

[F5 in relation to an application for an early learning grant, the period described in paragraph 1(b) of schedule 3,]

(c)

[F6 in relation to an application for a school-age grant, the period described in paragraph 2 of schedule 4,]

“backdated award” means an award of assistance for a day, or a period that begins on a day, that falls before the day the decision to make the award was taken;

“the relevant eligibility condition” means—

(a)

in relation to an application for a pregnancy and baby grant, the eligibility condition in paragraph 1(e) of schedule 2;

(b)

[F7 in relation to an application for an early learning grant, the eligibility condition in paragraph 1(f) of schedule 3,]

(c)

[F8 in relation to an application for a school-age grant, the eligibility condition in paragraph 1(f) of schedule 4,]

“working day” means a day other than—

(a)

a Saturday;

(b)

a Sunday; or

(c)

a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 M2 .

Textual Amendments

F4 Words in reg. 5(5) substituted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 5

F5 Words in reg. 5(5) inserted (29.4.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/157), regs. 2(2), 5(2)

F6 Words in reg. 5(5) inserted (3.6.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/157), regs. 2(1), 8(2)

F7 Words in reg. 5(5) inserted (29.4.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/157), regs. 2(2), 5(3)

F8 Words in reg. 5(5) inserted (3.6.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/157), regs. 2(1), 8(3)

Marginal Citations

M2 1971 c.80. Schedule 1, paragraph 2 sets out the Scottish bank holidays; it is amended by the St Andrew's Day Bank Holiday (Scotland) Act 2007 (asp 2), section 1.

Meaning of “birthday”, for children born on 29th February S

6.  In a non-leap year, the birthday of a child born on 29th February is to be taken to be 28th February.

Calculations involving months S

7.—(1) Where a day (“day 1”) is described as falling a specified number of months before or after another day (“day 2”), the date of day 1 is to be determined as follows.

(2) Count backwards or forwards (as the case may be) the specified number of months from the month in which day 2 falls.

(3) If the month arrived at in accordance with paragraph (2) has a day corresponding to day 2, day 1 is that day of the month arrived at.

(4) If the month arrived at in accordance with paragraph (2) has too few days to have a day corresponding to day 2, day 1 is the last day of the month arrived at M3 .

Marginal Citations

M3 For example, if a child is born on 31st August, the day falling 6 months after the day the child is born is 28th February (or 29th February in a leap year).

Expressions about inter-personal relationships S

Meaning of “partner” S

8.  An individual is to be regarded as the partner of another individual on a day only if, on that day, the two individuals would be regarded as a couple for the purposes of Part 1 of the Welfare Reform Act 2012 M4 (see section 39 of that Act M5 ).

Marginal Citations

M4 2012 c.5.

M5 Section 39 is amended by S.I. 2014/3229

Meaning of being responsible for a child S

9.—(1) An individual is to be regarded as responsible for a child on a day only if at least one of the following statements is true:—

(a) the child is a dependant of the individual on the day in question;

(b) the individual is one of the child's parents and, on the day in question—

(i) normally lives with the child;

(ii) is under 20 years of age; and

(iii) is a dependant of another individual;

(c) the child is, on the day in question, treated in law as the child of the individual by virtue of an order under section 54 of the Human Fertilisation and Embryology Act 2008 M6 ;

(d) the child is, on the day in question, treated in law as the child of the individual by reason of an adoption either—

(i) effected under the law of Scotland; or

(ii) effected under the law of another country or jurisdiction and recognised by the law of Scotland;

(e) the child is, on the day in question, placed with the individual by an adoption agency;

(f) the individual is, on the day in question, a guardian of the child appointed by deed, will or by a court;

(g) the individual is, on the day in question, a kinship carer for the child.

(2) In paragraph (1)(e), “adoption agency” means—

(a) a local authority acting in its capacity as an adoption service provider under section 1 of the Adoption and Children (Scotland) Act 2007 M7 ;

(b) an adoption service provided as mentioned in paragraph 8(1)(b) of schedule 12 of the Public Services Reform (Scotland) Act 2010 M8 and registered under Part 5 of that Act;

(c) an adoption agency within the meaning of section 2(1) of the Adoption and Children Act 2002 M9 ;

(d) an adoption agency within the meaning of article 3 of the Adoption (Northern Ireland) Order 1987 M10 .

(3) For the purpose of paragraph (1)(g), an individual is a kinship carer for a child on a day if—

(a) the individual is a qualifying person in relation to the child within the meaning of section 72(2) of the Children and Young People (Scotland) Act 2014 M11 , and

(b) on the day in question, the child lives with the individual (exclusively or predominantly) under the terms of—

(i) a kinship care order as defined in section 72(1) of the Children and Young People (Scotland) Act 2014, or

(ii) an agreement between the individual, the individual's partner or both of them and—

(aa) a local authority by which the child is looked after within the meaning of section 17(6) of the Children (Scotland) Act 1995 M12 ;

(bb) a local authority in England or Wales by which the child is looked after within the meaning of section 105(4) of the Children Act 1989 M13 ; or

(cc) an authority in Northern Ireland by which the child is looked after within the meaning of article 25 of the Children (Northern Ireland) Order 1995 M14 .

Marginal Citations

M6 2008 c.22. Section 54 is amended by the Crime and Courts Act 2013 (c.22), schedule 11, paragraph 206 and the Justice Act (Northern Ireland) 2015 (c.9), schedule 9, Part 1, paragraph 1.

M7 2007 asp 4.

M8 2010 asp 8.

M9 2002 c.38.

M10 S.I. 1987/2203. Article 3 is amended by the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (c.11), section 7, the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c.1), schedule 6, paragraph 1(1)(d), S.I. 1994/429 and S.I. 2003/431.

M11 2014 asp 8.

M12 1995 c.36. Section 17(6) is amended by the Adoption and Children (Scotland) Act 2007 (asp 4), schedule 2, paragraph 9(4) and by the Children's Hearings (Scotland) Act 2011 (asp 1), schedule 5, paragraph 2(4) and by S.S.I. 2013/211.

M13 1989 c. 41. Section 105(4) is substituted by S.I. 2016/413.

M14 S.I. 1995/755 (N.I. 2). Article 25 is amended by the Children (Leaving Care) Act (Northern Ireland) 2002 (c.11), section 2(1).

Meaning of “dependant” S

10.— [F9 (1) An individual (“person A”) is to be regarded as a dependant of another individual (“person B”) on a day only if—

(a) paragraph (1A) applies, or

(b) on that day person B is a kinship carer for person A.

(1A) This paragraph applies if—

(a) person B has been awarded—

(i) child tax credit, child benefit or state pension credit for the day in question (or for a period that includes that day), or

(ii) universal credit for—

(aa) the assessment period that includes the day in question, or

(bb) the assessment period that ended immediately before the assessment period mentioned in head (aa) started, and

(b) person A is recognised to be a child or young person for whom person B has responsibility in terms of that award of assistance.]

(2) It is immaterial for the purpose of this regulation that the award of assistance to person B [F10 referred to in paragraph (1A)] does not include any amount in respect of person A due to a rule that restricts the number of dependants in respect of whom person B can be given that type of assistance.

[F11 (3) In this regulation, “kinship carer” has the meaning given in regulation 9(3).]

Textual Amendments

F9 Reg. 10(1)(1A) substituted for reg. 10(1) (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 6(2)

F10 Words in reg. 10(2) inserted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 6(3)

F11 Reg. 10(3) inserted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 6(4)

Expressions about social security assistance S

Meaning of references to specified kinds of assistance S

11.  References in these Regulations to a kind of assistance specified in this regulation are to the following:—

(a) child tax credit;

(b) housing benefit;

(c) income-based jobseeker's allowance;

(d) income-related employment and support allowance;

(e) income support;

(f) state pension credit;

(g) working tax credit.

Meaning of references to assistance being awarded S

12.—(1) An individual is not to be regarded as having been awarded a kind of assistance for a day or a period if—

(a) the award was made in error (whether or not induced by the individual); or

(b) the sum awarded to the individual for the day or the period is £0.

(2) In sub-paragraph (1)(b), the reference to “the sum awarded” means, in a case where a deduction has been made—

(a) in respect of any liability the individual has to another person; or

(b) by way of a sanction,

the sum that would have been awarded had the deduction not been made.

(3) For the avoidance of doubt, in sub-paragraph (1) “kind of assistance” includes universal credit as well as the kinds of assistance specified in regulation 11.

Meaning of “assessment period” in relation to universal credit S

13.  “ Assessment period” means a period in respect of which universal credit may be payable to the individual in question in accordance with section 7 of the Welfare Reform Act 2012 M15 .

Marginal Citations

M15 2012 c.5.

SHIRLEY-ANNE SOMERVILLE

A member of the Scottish Government

St Andrew's House,

Edinburgh

Regulation 3(2)

SCHEDULE 1 S Procedural matters

PART 1 S Re-determination timescales

Deadline for requesting re-determination S

1.  The period for requesting a re-determination of entitlement to early years assistance under section 41 of the Social Security (Scotland) Act 2018 M16 is 31 days beginning with the day that the individual is informed, in accordance with section 40 of that Act, of the right to make the request.

Marginal Citations

M16 2018 asp 9.

Period allowed for re-determination S

2.—(1) In relation to determining entitlement to early years assistance, the period allowed for re-determination (within the meaning of section 43 of the Social Security (Scotland) Act 2018) is 16 working days beginning with—

[F12 (a) the day that the request for a re-determination is received by the Scottish Ministers, or

(b) in a case where the request for a re-determination is received by the Scottish Ministers outwith the period prescribed in paragraph 1, the day on which it is decided by the Scottish Ministers or (as the case may be) the First-tier Tribunal for Scotland that the individual in question has a good reason for not requesting a re-determination sooner.]

(2) For the purpose of this paragraph, a “working day” is a day other than—

(a) a Saturday;

(b) a Sunday; or

(c) a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 M17 .

Textual Amendments

F12 Sch. 1 para. 2(1)(a)(b) substituted for words (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 7

Marginal Citations

M17 1971 c.80. Schedule 1, paragraph 2 sets out the Scottish bank holidays; it is amended by the St Andrew's Day Bank Holiday (Scotland) Act 2007 (asp 2), section 1.

PART 2 S Determination without application

Determination following application in connection with another child S

3.—(1) The Scottish Ministers are to make a determination of an individual's entitlement to early years assistance in connection with a child (without receiving an application) in the circumstance described in sub-paragraph (2).

(2) The circumstance referred to in sub-paragraph (1) is that—

(a) the individual has applied for early years assistance in respect of a child; and

(b) it appears to the Scottish Ministers from the available information that, unless circumstances change, the individual will become eligible for early years assistance in respect of another child within the period—

(i) beginning on the day the application is made; and

(ii) ending at the end of the day that falls 10 days later.

(3) The determination that sub-paragraph (1) requires to be made is to be made on, or as soon as reasonably practicable after, the day that the Scottish Ministers anticipate will be the day on which the individual first becomes eligible for early years assistance in respect of the child as mentioned in sub-paragraph (2)(b).

(4) The determination that sub-paragraph (1) requires to be made is to be made (subject to sub-paragraph (5)) on the basis that whatever can be discerned from the available information to have been the case on the day the application mentioned in sub-paragraph (2)(a) was made remains the case on the day the determination is made.

(5) A determination is not to be made on the basis of the assumption set out in sub-paragraph (4) if, and to the extent that, the Scottish Ministers have information suggesting the assumption is unsound.

[F13 (5A) Where a determination is to be, or has been, made without an application by virtue of this paragraph, references in these Regulations to the day the application is made are to be read as references to the day the determination is made.]

(6) In this paragraph, “the available information” means—

(a) the information provided in the application referred to in sub-paragraph (2)(a); and

(b) any other information obtained by the Scottish Ministers in connection with that application.

Textual Amendments

F13 Sch. 1 para. 3(5A) inserted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 8(2)

[F14 Determination following official error S

4.— (1) The Scottish Ministers are to make a determination of an individual’s entitlement to a best start grant in connection with a child (without receiving an application) where—

(a) they have previously made a determination of the individual’s entitlement to the grant in connection with the child (“the original determination”),

(b) they establish that due to an official error the original determination was wrongly made resulting in the individual—

(i) not being given a grant for which the individual was eligible, or

(ii) being given a grant of lesser value than the grant to which the individual was entitled,

(c) the Scottish Ministers are not considering a request for a re-determination of the individual’s entitlement to the grant, and

(d) the individual has not appealed to the First-tier Tribunal for Scotland against the Scottish Ministers’ determination of the individual’s entitlement to the grant.

(2) In making a determination required by sub-paragraph (1) the Scottish Ministers are to use—

(a) the information provided in the application that led to the original determination, and

(b) any other information they have obtained in connection with that application.

(3) Where a determination is to be, or has been, made without an application by virtue of this paragraph, references in these Regulations to the day the application is made are to be read as references to the day the application that led to the original determination was made.

(4) In this paragraph—

“best start grant” means one of the forms of early years assistance mentioned in regulation 3,

“official error” means an error made by someone acting on behalf of the Scottish Ministers or on behalf of a Minister of the Crown that was not materially contributed to by anyone not so acting.]

Textual Amendments

F14 Sch. 1 paras. 4, 5 inserted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 8(3)

[F14 Determination following backdated award of assistance S

5.— (1) The Scottish Ministers are to make a determination of an individual’s entitlement to a best start grant in connection with a child (without receiving an application) where—

(a) a determination has previously been made that the individual is not entitled to the grant in connection with the child (“the original determination”), and

(b) the Scottish Ministers establish that—

(i) following an appeal, an award of universal credit or assistance of a kind specified in regulation 11 is made that is a backdated award, and

(ii) had that award been made before the original determination, a determination that the individual is entitled to the grant in connection with the child would have been made instead.

(2) In making a determination required by sub-paragraph (1) the Scottish Ministers are to use—

(a) the information provided in the application that led to the original determination, and

(b) any other information they have obtained in connection with that application.

(3) Where a determination is to be, or has been, made without an application by virtue of this paragraph, references in these Regulations to the day the application is made are to be read as references to the day the application that led to the original determination was made.

(4) In this paragraph, “best start grant” means one of the forms of early years assistance mentioned in regulation 3 and “backdated award” has the same meaning as in regulation  5.]

Textual Amendments

F14 Sch. 1 paras. 4, 5 inserted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 8(3)

Regulation 3(3)

SCHEDULE 2 S Pregnancy and baby grant

PART 1 S Eligibility

Eligibility S

1.  An individual is eligible for a pregnancy and baby grant in respect of a child if—

(a) the individual's application for the grant is made before the deadline set by paragraph 2 (see regulation 4 in relation to when an application is to be treated as made);

[F15 (aa) the individual has not received, and is not due to receive, a sure start maternity grant in respect of the child,]

(b) no-one else has received, or is due to receive, a pregnancy and baby grant or sure start maternity grant in respect of the child (but see paragraph 3);

(c) on the day the application is made the individual satisfies the residence requirement set by paragraph 4;

(d) at least one of these statements is true on the day the application is made—

(i) the individual is the person who—

(aa) is, or has been, more than 24 weeks pregnant with the child; or

(bb) gave birth to the child before or during the 24th week of the pregnancy;

(ii) the individual is the partner of the person described by head (i);

(iii) the person described by head (i) is a dependant of the individual or the individual's partner (or both of them);

(iv) either the individual or the individual's partner is (or both of them are) responsible for the child on the day the application is made;

(e) at least one of these statements is true—

(i) the individual or the individual's partner has (or both of them have) been awarded, for the day the application is made (or for a period which includes that day), assistance of a kind specified in regulation 11;

(ii) the individual or the individual's partner has (or both of them have) been awarded universal credit for—

(aa) the assessment period that includes the day the application is made; or

(bb) the assessment period that ended immediately before the assessment period mentioned in sub-head (aa) started;

(iii) on the day the application is made the individual is under 18 years of age;

(iv) on the day the application is made the individual is—

(aa) 18 or 19 years of age; and

(bb) a dependant of another individual; and

(f) the child is not, on the day the application is made, living in a residential establishment as defined in section 202(1) of the Children's Hearings (Scotland) Act 2011 M18 .

Textual Amendments

F15 Sch. 2 para. 1(aa) inserted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 9(2)

Marginal Citations

M18 2011 asp 1. The definition of “residential establishment” in section 202 is amended by S.S.I. 2013/211.

Deadline for applying S

2.—(1) The deadline for an individual to apply for a pregnancy and baby grant in respect of a child is—

(a) the end of the day that falls 6 months after the day the child is born if sub-paragraph (2) applies to the individual;

(b) the end of the day before the child's first birthday if sub-paragraph (2) does not apply to the individual.

(2) This sub-paragraph applies to—

(a) the person who is, or has been, pregnant with the child; and

(b) any individual who is, or has been during the period described by sub-paragraph (3)—

(i) the partner of the person referred to in paragraph (a); or

(ii) an individual, or the partner of an individual, for whom the person referred to in paragraph (a) is a dependant.

(3) The period referred to in sub-paragraph (2)(b)—

(i) begins on the first day of the 24th week of the pregnancy that resulted, or is to result, in the child's birth; and

(ii) ends at the end of the day that falls 6 months after the day the child is born.

Exception to paragraph 1(b) S

3.—(1) For the purpose of determining the entitlement of the individual referred to in this paragraph as the applicant, the eligibility condition in paragraph 1(b) is to be ignored in the circumstance described by sub-paragraphs (2) to (5).

(2) An individual (“the first grant recipient”) has been, or is due to be, given in respect of the child—

(a) a pregnancy and baby grant; or

(b) a sure start maternity grant.

(3) Another individual (“the applicant”) first came to be responsible for the child after—

(a) the first grant recipient applied for a pregnancy and baby grant or a sure start maternity grant in respect of the child; or

(b) a decision about the first grant recipient's entitlement to such a grant was taken by, or on behalf of, the public authority responsible for giving them (despite no application for a grant having been made).

(4) [F16 Since the first grant recipient applied for a pregnancy and baby grant or a sure start maternity grant in respect of the child, or the date the decision referred to in sub-paragraph (3)(b) was taken], the applicant has not been—

(a) the partner of the first grant recipient;

(b) a dependant of the first grant recipient; or

(c) an individual, or the partner of an individual, for whom the first grant recipient is a dependant.

[F17 (4A) On the day the applicant’s application for a pregnancy and baby grant in respect of the child is made, the child does not normally live with the first grant recipient.]

(5) On the day the applicant's application for a pregnancy and baby grant in respect of the child is made, no-one other than the first grant recipient has been, or is due to be, given a pregnancy and baby grant or a sure start maternity grant in respect of that child.

Textual Amendments

F16 Words in sch. 2 para. 3(4) substituted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 9(3)

F17 Sch. 2 para. 3(4A) inserted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 9(4)

Residence requirement S

4.—(1) The residence requirement referred to in paragraph 1(c) is satisfied by an individual on a day if, on that day—

(a) the individual is ordinarily resident in Scotland; and

(b) in a case where neither the individual nor the individual's partner has been awarded assistance as mentioned in paragraph 1(e)(i) or (ii), the condition set by sub-paragraph (2) is also met.

(2) The condition referred to in sub-paragraph (1)(b) is met on any day that the individual is—

(a) habitually resident in the [F18 United Kingdom, the Channel Islands [F19 or the Isle of Man];]

[F20 (aa) a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and—

(i) is a qualified person within the meaning of regulation 6(1)(a) (jobseeker), (b) (worker), (c) (self-employed person), (d) (self-sufficient person) or (e) (student) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations);

(ii) retains the status referred to in sub-head (i) pursuant to regulation 6(2) or (4) of the EEA Regulations;

(iii) is a family member of a person referred to in sub-head (i) or (ii) within the meaning of regulation 7(1) of the EEA Regulations;

(iv) has a right to reside permanently in the United Kingdom by virtue of regulation 15(1) of the EEA Regulations; or

(v) 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];

(b) a refugee within the definition in Article 1 of the Convention relating to the status of refugees done at Geneva on 28th July 1951, as extended by article 1(2) of the Protocol relating to the status of refugees done at New York on 31st January 1967;

(c) a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971 M19 , where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom;

(ii) leave to remain under the destitution domestic violence concession; or

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 M20 ;

(d) a person who has humanitarian protection granted under the rules made under section 3(2) of the Immigration Act 1971; or

(e) a person who—

(i) is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 M21 ; and

(ii) is in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

Textual Amendments

F18 Words in sch. 2 para. 4(2)(a) inserted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 9(5)

F19 Words in sch. 2 para. 4(2)(a) substituted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 3(2)(a)

F20 Sch. 2 para. 4(2)(aa) inserted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 3(2)(b)

Marginal Citations

M19 1971 c.77.

M20 S.I. 2005/1379.

M21 1999 c.33.

PART 2 S Assistance to be given

Value of grant S

5.  The value of a pregnancy and baby grant is—

(a) the basic amount determined in accordance with paragraph 6; and

(b) any amount that falls to be added to the basic amount by way of a multiple pregnancy supplement (see paragraph 7).

The basic amount S

6.—(1) The basic amount is―

(a) £600 if sub-paragraph (2) applies in relation to the child in respect of whom the grant is to be given; or

(b) £300 if it does not.

(2) This sub-paragraph applies in relation to the child (subject to sub-paragraph (3)) if, on the day the application for the grant is made—

(a) there is no-one under 16 years of age living in the same household as the individual to whom the grant is to be given; or

(b) if there is, that person is (or all of those persons are) one of the following:—

(i) the child;

(ii) a sibling of the child born as a result of the same pregnancy that resulted in the child's birth;

(iii) a parent of the child;

(iv) a sibling of a parent of the child;

(v) a child for whom the individual is not responsible.

(3) Where more than one child is born, or is to be born, as a result of the same pregnancy—

(a) sub-paragraph (2) applies in relation to only one of the children; and

(b) it is for the Scottish Ministers to decide which.

Multiple pregnancy supplement S

7.—(1) Subject to sub-paragraphs (2) and (3) a supplement of £300 is to be added to the basic amount in respect of a child born, or to be born, as a result of a multiple pregnancy.

(2) The supplement is to be added to the grant in respect of only one of the children born, or to be born, as a result of the pregnancy, and it is for the Scottish Ministers to decide which child's grant to supplement.

(3) No supplement is to be added if the individual to whom the grant is to be given—

(a) has not applied for a pregnancy and baby grant in respect of all of the children born, or to be born, as a result of the pregnancy; or

(b) is not eligible for a pregnancy and baby grant in respect of any of those children.

Form in which grant is given S

8.—(1) Subject to sub-paragraph (2), a pregnancy and baby grant is to be given as money.

(2) If—

(a) the Scottish Ministers offer to give an individual some or all of the value of a pregnancy and baby grant in a form other than money; and

(b) the individual agrees to be given the grant in that form,

the grant is to be given in that form, unless the individual withdraws agreement before the grant is given.

PART 3 S Interpretation

Meaning of “child”, “birth” and “born” S

9.—(1) In this schedule, except in paragraph 1(d)(i)(bb)—

“child” includes still-born child;

“birth” includes still-birth and “born” is to be construed accordingly;

“still-born child” and “still-birth” have the meanings given in section 56(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 M22 .

(2) Sub-paragraph (1) also applies for the purpose of interpreting—

(a) the definition of “application window” in regulation 5(5) (which relates to the nomination of a date on which an application for assistance is to be treated as having been made); and

(b) paragraph 3 of schedule 1 (which describes circumstances in which a determination of entitlement is to be made by the Scottish Ministers without an application).

Marginal Citations

M22 1965 c.49. The definition of “still-born child” is amended by the Still-Birth (Definition) Act 1992 (c.29), section 1(2).

Meaning of “sure start maternity grant” S

10.  In this schedule, “ sure start maternity grant” means a payment under—

(a) regulation 5(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 M23 ; or

(b) regulation 5(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 M24 .

Marginal Citations

M23 S.I. 2005/3061; there are amendments but none relevant for the purposes of these Regulations.

M24 S.R. 2005/506; there are amendments but none relevant for the purposes of these Regulations.

Regulation 3(4)

[F21 SCHEDULE 3 S Early learning grant

Textual Amendments

F21 Sch. 3 inserted (29.4.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/157), reg. 2(2), sch. 1

PART 1 S Eligibility

Eligibility S

1.   An individual is eligible for an early learning grant in respect of a child if—

(a) the individual’s application for the grant is made on or after the day that the Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019 are made (see regulation 4 in relation to when an application is to be treated as made),

(b) the individual’s application for the grant is made in the period that—

(i) begins on the child’s 2nd birthday, and

(ii) ends at the end of the day that falls 6 months after the child’s 3rd birthday,

(c) no-one else has received, or is due to receive, an early learning grant in respect of the child (but see paragraph 2),

(d) on the day the application is made the individual satisfies the residence requirement set by paragraph 3,

(e) either the individual or the individual’s partner is (or both of them are) responsible for the child on the day the application is made,

(f) at least one of these statements is true—

(i) the individual or the individual’s partner has (or both of them have) been awarded, for the day the application is made (or for a period which includes that day), assistance of a kind specified in regulation 11,

(ii) the individual or the individual’s partner has (or both of them have) been awarded universal credit for—

(aa) the assessment period that includes the day the application is made, or

(bb) the assessment period that ended immediately before the assessment period mentioned in sub-head (aa) started,

(iii) on the day the application is made the individual is under 18 years of age,

(iv) on the day the application is made the individual is—

(aa) 18 or 19 years of age, and

(bb) a dependant of another individual, and

(g) the child is not, on the day the application is made, living in a residential establishment as defined in section 202(1) of the Children’s Hearings (Scotland) Act 2011.

Exception to paragraph 1(c) S

2.— (1) For the purpose of determining the entitlement of the individual referred to in this paragraph as the applicant, the eligibility condition in paragraph 1(c) is to be ignored in the circumstance described by sub-paragraphs (2) to (6).

(2) An individual (“the first grant recipient”) has been, or is due to be, given an early learning grant in respect of the child.

(3) Another individual (“the applicant”) first came to be responsible for the child after—

(a) the first grant recipient applied for an early learning grant in respect of the child, or

(b) a determination of the first grant recipient’s entitlement to an early learning grant in respect of the child was made without an application (see Part 2 of schedule 1).

(4) The applicant has not been the partner of the first grant recipient at any time since the first grant recipient applied for an early learning grant in respect of the child.

(5) On the day the applicant applies, the child does not normally live with the first grant recipient.

(6) On the day the applicant applies, no-one other than the first grant recipient has been, or is due to be, given an early learning grant in respect of the child.

(7) In this paragraph, references to “the day the applicant applies” are to the day the applicant’s application for an early learning grant in respect of the child is made.

Residence requirement S

3.— (1) The residence requirement referred to in paragraph 1(d) is satisfied by an individual on a day if, on that day—

(a) the individual is ordinarily resident in Scotland, and

(b) in a case where neither the individual nor the individual’s partner has been awarded assistance as mentioned in paragraph 1(f)(i) or (ii), the condition set by sub-paragraph (2) is also met.

(2) The condition referred to in sub-paragraph (1)(b) is met on any day that the individual is—

(a) habitually resident in the United Kingdom, the Channel Islands [F22 or the Isle of Man],

[F23 (aa) a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and—

(i) is a qualified person within the meaning of regulation 6(1)(a) (jobseeker), (b) (worker), (c) (self-employed person), (d) (self-sufficient person) or (e) (student) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations);

(ii) retains the status referred to in sub-head (i) pursuant to regulation 6(2) or (4) of the EEA Regulations;

(iii) is a family member of a person referred to in sub-head (i) or (ii) within the meaning of regulation 7(1) of the EEA Regulations;

(iv) has a right to reside permanently in the United Kingdom by virtue of regulation 15(1) of the EEA Regulations; or

(v) 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],

(b) a refugee within the definition in Article 1 of the Convention relating to the status of refugees done at Geneva on 28 July 1951, as extended by article 1(2) of the Protocol relating to the status of refugees done at New York on 31 January 1967,

(c) a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971, where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom,

(ii) leave to remain under the destitution domestic violence concession, or

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005,

(d) a person who has humanitarian protection granted under the rules made under section 3(2) of the Immigration Act 1971,

(e) a person who—

(i) is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999, and

(ii) is in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

Textual Amendments

F22 Words in sch. 3 para. 3(2)(a) substituted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 3(3)(a)

F23 Sch. 3 para. 3(2)(aa) inserted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 3(3)(b)

PART 2 S Assistance to be given

Value of grant S

4.   The value of an early learning grant is £250.

Form in which grant is given S

5.— (1) Subject to sub-paragraph (2), an early learning grant is to be given as money.

(2) If—

(a) the Scottish Ministers offer to give an individual some or all of the value of an early learning grant in a form other than money, and

(b) the individual agrees to be given the grant in that form,

the grant is to be given in that form, unless the individual withdraws agreement before the grant is given.]

Regulation 3(5)

[F24 SCHEDULE 4 S School-age grant

Textual Amendments

F24 Sch. 4 inserted (3.6.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/157), reg. 2(1), sch. 2

PART 1 S Eligibility

Eligibility S

1.   An individual is eligible for a school-age grant in respect of a child if—

(a) the individual’s application for the grant is made on or after 3 June 2019 (see regulation 4 in relation to when an application is to be treated as made),

(b) the individual’s application for the grant is made within the period described in paragraph 2,

(c) no-one else has received, or is due to receive, a school-age grant in respect of the child (but see paragraph 3),

(d) on the day the application is made the individual satisfies the residence requirement set by paragraph 4,

(e) either the individual or the individual’s partner is (or both of them are) responsible for the child on the day the application is made,

(f) at least one of these statements is true—

(i) the individual or the individual’s partner has (or both of them have) been awarded, for the day the application is made (or for a period which includes that day), assistance of a kind specified in regulation 11,

(ii) the individual or the individual’s partner has (or both of them have) been awarded universal credit for—

(aa) the assessment period that includes the day the application is made, or

(bb) the assessment period that ended immediately before the assessment period mentioned in sub-head (aa) started,

(iii) on the day the application is made the individual is under 18 years of age,

(iv) on the day the application is made the individual is—

(aa) 18 or 19 years of age, and

(bb) a dependant of another individual, and

(g) the child is not, on the day the application is made, living in a residential establishment as defined in section 202(1) of the Children’s Hearings (Scotland) Act 2011.

Period within which application must be made S

2.— (1) The period referred to in paragraph 1(b)—

(a) begins on 1 June in the relevant year, and

(b) ends at the end of the last day of February in the following year.

(2) In sub-paragraph (1), “the relevant year” means―

(a) if the child’s birthday is in January or February, the calendar year in which the child’s 4th birthday falls,

(b) otherwise, the calendar year in which the child’s 5th birthday falls.

Exception to paragraph 1(c) S

3.— (1) For the purpose of determining the entitlement of the individual referred to in this paragraph as the applicant, the eligibility condition in paragraph 1(c) is to be ignored in the circumstance described by sub-paragraphs (2) to (6).

(2) An individual (“the first grant recipient”) has been, or is due to be, given a school-age grant in respect of the child.

(3) Another individual (“the applicant”) first came to be responsible for the child after—

(a) the first grant recipient applied for a school-age grant in respect of the child, or

(b) a determination of the first grant recipient’s entitlement to a school-age grant in respect of the child was made without an application (see Part 2 of schedule 1).

(4) The applicant has not been the partner of the first grant recipient at any time since the first grant recipient applied for a school-age grant in respect of the child.

(5) On the day the applicant applies, the child does not normally live with the first grant recipient.

(6) On the day the applicant applies, no-one other than the first grant recipient has been, or is due to be, given a school-age grant in respect of the child.

(7) In this paragraph, references to “the day the applicant applies” are to the day the applicant’s application for a school-age grant in respect of the child is made.

Residence requirement S

4.— (1) The residence requirement referred to in paragraph 1(d) is satisfied by an individual on a day if, on that day—

(a) the individual is ordinarily resident in Scotland, and

(b) in a case where neither the individual nor the individual’s partner has been awarded assistance as mentioned in paragraph 1(f)(i) or (ii), the condition set by sub-paragraph (2) is also met.

(2) The condition referred to in sub-paragraph (1)(b) is met on any day that the individual is—

(a) habitually resident in the United Kingdom, the Channel Islands [F25 or the Isle of Man],

[F26 (aa) a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and—

(i) is a qualified person within the meaning of regulation 6(1)(a) (jobseeker), (b) (worker), (c) (self-employed person), (d) (self-sufficient person) or (e) (student) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations);

(ii) retains the status referred to in sub-head (i) pursuant to regulation 6(2) or (4) of the EEA Regulations;

(iii) is a family member of a person referred to in sub-head (i) or (ii) within the meaning of regulation 7(1) of the EEA Regulations;

(iv) has a right to reside permanently in the United Kingdom by virtue of regulation 15(1) of the EEA Regulations; or

(v) 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],

(b) a refugee within the definition in Article 1 of the Convention relating to the status of refugees done at Geneva on 28 July 1951, as extended by article 1(2) of the Protocol relating to the status of refugees done at New York on 31 January 1967,

(c) a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971, where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom,

(ii) leave to remain under the destitution domestic violence concession, or

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005,

(d) a person who has humanitarian protection granted under the rules made under section 3(2) of the Immigration Act 1971,

(e) a person who—

(i) is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999, and

(ii) is in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

Textual Amendments

F25 Words in sch. 4 para. 4(2)(a) substituted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 3(4)(a)

F26 Sch. 4 para. 4(2)(aa) inserted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 3(4)(b)

PART 2 S Assistance to be given

Value of grant S

5.   The value of a school-age grant is £250.

Form in which grant is given S

6.— (1) Subject to sub-paragraph (2), a school-age grant is to be given as money.

(2) If—

(a) the Scottish Ministers offer to give an individual some or all of the value of a school-age grant in a form other than money, and

(b) the individual agrees to be given the grant in that form,

the grant is to be given in that form, unless the individual withdraws agreement before the grant is given.]

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision about early years assistance, a type of assistance that is to be given by the Scottish Ministers under Part 2 of the Social Security (Scotland) Act 2018.

Part 2 of the Regulations provides for the interpretation of expressions used in that Part and in the schedules.

Schedule 1 deals with procedural matters connected to the giving of early years assistance.

Schedule 2 sets out who is eligible to be given early years assistance in the form of a pregnancy and baby grant. It is a grant payable to people who have, or are expecting to have, a new baby in the family. Part 2 of schedule 2 states the value of a pregnancy and baby grant and makes provision about the circumstances in which it can be given in non-monetary form.