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

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)

[F1 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)

[F2 in relation to an application for an early learning grant, the period described in paragraph 1(b) of schedule 3,]

“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)

[F3 in relation to an application for an early learning grant, the eligibility condition in paragraph 1(f) of schedule 3,]

“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 M1 .

Textual Amendments

F1 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

F2 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)

F3 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)

Marginal Citations

M1 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.