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

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.

[F1 (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

F1 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)

[F2 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

F2 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)

[F2 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

F2 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)

[F3 Determination following award of Scottish child payment S

5A.— (1) The Scottish Ministers are to make a determination of an individual’s entitlement to an early learning grant or a school-age grant in connection with a child (without receiving an application) where the circumstances described in sub-paragraph (2) are met.

(2) The circumstances referred to in sub-paragraph (1) are that—

(a) a determination has been made that the individual is entitled to a Scottish child payment in respect of the child and the individual has an ongoing entitlement to that payment by virtue of regulation 19 of the Scottish Child Payment Regulations,

(b) the individual’s Scottish child payment in respect of the child is not currently suspended within the meaning of regulation 19G(a) of the Scottish Child Payment Regulations, and

(c) it appears to the Scottish Ministers from the available information that the individual is likely to be entitled to an early learning grant or a school-age grant in respect of the child.

(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 determination is made.

(4) Where an individual who is entitled to a Scottish child payment requests that the Scottish Ministers do not make a determination (without receiving an application) of the individual’s entitlement to an early leaning grant or school-age grant—

(a) the Scottish Ministers are not to make a determination (without receiving an application) under sub-paragraph (1), and

(b) accordingly, their duty to do so under sub-paragraph (1) ceases to apply.

(5) In this paragraph—

(a) “Scottish child payment” means Scottish child payment assistance given in accordance with the Scottish Child Payment Regulations,

(b) “Scottish Child Payment Regulations” means the Scottish Child Payment Regulations 2020, and

(c) “the available information” means—

(i) the information provided in the individual’s application for the Scottish child payment,

(ii) any other information obtained by the Scottish Ministers in connection with that application, and

(iii) any other information available to them that is relevant to their consideration of whether the individual is entitled to an early learning grant or a school-age grant.]

Textual Amendments

F3 Sch. 1 para. 5A inserted (28.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(2), 2(3)