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

The basic amount S

6.—(1) The basic amount is―

(a) [F1 £707.25] if sub-paragraph (2) applies in relation to the child in respect of whom the grant is to be given; or

(b) [F2 £353.65] 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;

[F3 (v) a child for whom neither the individual nor their partner is responsible,]

[F4 (vi) a child in any one of the circumstances described in sub-paragraph (4), (5) or (6)]

(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.

[F5 (4) The circumstance referred to in sub-paragraph (2)(b)(vi) is that—

(a) the child mentioned in sub-paragraph (2)(b)(vi) was, at the time of that child’s birth, not a child of the—

(i) individual to whom the grant is to be given, or

(ii) individual’s partner (where the individual has a partner on the day the application is made), and

(b) the individual first became responsible for the child mentioned in sub-paragraph (2)(b)(vi) when that child was aged 12 months or older.

(5) The circumstance referred to in sub-paragraph (2)(b)(vi) is that the individual to whom the grant is to be given has left their home with the child mentioned in sub-paragraph (2)(b)(vi) due to domestic abuse.

(6) The circumstance referred to in sub-paragraph (2)(b)(vi) is that—

(a) the child mentioned in sub-paragraph (2)(b)(vi) was born before the individual to whom the grant is to be given arrived in the United Kingdom, and

(b) the individual to whom the grant is to be given is one of the following—

(i) a person who has leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 1971 (“the 1971 Act”) by virtue of—

(aa) the Afghan Relocations and Assistance Policy, or

(bb) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),

(ii) a person who has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i),

(iii) a person who has leave granted under the Afghan Citizens Resettlement Scheme,

(iv) a person with leave to enter or remain in the United Kingdom granted under or outside the immigration rules made under section 3(2) of the 1971 Act, or with a right of abode in the United Kingdom within the meaning of section 2 of that Act or who does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of the Act, where the person—

(aa) was residing in Ukraine immediately before 1 January 2022, and

(bb) left Ukraine in connection with the Russian invasion which took place on 24 February 2022,

(v) 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, or

(vi) a person who has humanitarian protection granted under the rules made under section 3(2) of the 1971 Act.

(7) In paragraph (6) “the Afghan Citizens Resettlement Scheme” has the same meaning as in paragraph 4.]

Textual Amendments

F1 Sum in sch. 2 para. 6(1)(a) substituted (1.4.2023) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/111), regs. 1(2), 5(2)(a)(i)

F2 Sum in sch. 2 para. 6(1)(b) substituted (1.4.2023) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/111), regs. 1(2), 5(2)(a)(ii)

F3 Sch. 2 para. 6(2)(b)(v) substituted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 2(4)(c)(i)

F4 Sch. 2 para. 6(2)(b)(vi) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 2(4)(c)(ii)

F5 Sch. 2 para. 6(4)-(7) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 2(4)(c)(iii)