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