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

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Regulation 3(2)

SCHEDULE 1SProcedural matters

PART 1SRe-determination timescales

Deadline for requesting re-determinationS

1.  The period for requesting a re-determination of entitlement to early years assistance under section 41 of the Social Security (Scotland) Act 2018 M1 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

Period allowed for re-determinationS

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—

[F1(a)the day that the request for a re-determination is received by the Scottish Ministers, F2...

(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] [F3, or

(c)in a case where the Scottish Ministers have informed the individual of their decision that the request for a re-determination was not made in such form as the Scottish Ministers require, the day on which it is subsequently decided by the First-Tier Tribunal for Scotland that the individual in question has made the request in such form as the Scottish Ministers require.]

(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 M2.

Textual Amendments

Marginal Citations

M21971 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 2SDetermination without application

Determination following application in connection with another childS

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.

[F4(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

[F5Determination following official errorS

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

[F5Determination following backdated award of assistanceS

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

[F6Determination following award of Scottish child paymentS

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

[F7PART 3SCompeting Claims

Textual Amendments

Multiple applications in respect of the same childS

6.—(1) Where two or more individuals have applied for early years assistance in respect of the same child, the Scottish Ministers are to make a determination of entitlement in accordance with sub-paragraphs (2) to (5).

(2) Where the Scottish Ministers decide that two or more individuals are eligible for early years assistance in respect of the child, they must apply the rules in sub-paragraphs (3) to (5) to determine which of the individuals is to be entitled to that assistance.

(3) The rules are that—

(a)where only one individual has been awarded child tax credit, state pension credit or universal credit for the day, or assessment period that includes the day, in question (and the child is recognised to be a child for whom the individual has responsibility in terms of that award of assistance), unless the Scottish Ministers decide otherwise in pursuance of the rule in sub-paragraph (5), that individual is entitled to early years assistance,

(b)where none of the individuals have been awarded assistance as described in sub-paragraph (3)(a), and only one individual has been awarded child benefit for the day in question (and the child is recognised to be a child for whom the individual has responsibility in terms of that award of assistance), that individual is entitled to early years assistance,

(c)where the individuals are kinship carers for the child, and none of them have been awarded any kind of assistance as described in sub-paragraph (3)(a) or (3)(b), the individual whose determination is to be made first is entitled to early years assistance,

(d)where one individual has been awarded child benefit for the day in question, and another individual is a kinship carer for the child, the individual who is the kinship carer for the child is entitled to early years assistance.

(4) For the purposes of sub-paragraph (3), the individual whose determination is to be made first is the individual whose application is to be treated as made first in accordance with regulation 4.

(5) Where—

(a)having applied the rules in sub-paragraph (3) in accordance with sub-paragraph (2) it appears to the Scottish Ministers from information available to them that none of the circumstances described in rules (a) to (d) are true in the case of the individuals in question, or

(b)the circumstances described in rule (a) of sub-paragraph (3) are true in the case of the individuals in question and one individual is a kinship carer for the child,

the Scottish Ministers must determine which of the individuals is entitled to the early years assistance having regard to the circumstances of the child.]

Regulation 3(3)

SCHEDULE 2SPregnancy and baby grant

PART 1 SEligibility

EligibilityS

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);

[F8(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; [F9and]

(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; F10...

F11(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Deadline for applyingS

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”) [F12is] responsible for the child [F13.]

F14(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F15Since the first grant recipient applied for a pregnancy and baby grant or a sure start maternity grant in respect of the child F16...] 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

Residence requirementS

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 [F18United Kingdom, the Channel Islands [F19or 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];

[F21(ab)a person who—

(i)[F22has] leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 1971, by virtue of—

(ia)the Afghan Relocations and Assistance Policy, or

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

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

(iii)has leave granted under the Afghan Citizens Resettlement Scheme];

[F23(ac)a person who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, F24...

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act [F25, or]

[F26(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,]]

[F27(ad)a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act]

[F28(ae)a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA 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 M3, F29...

(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 M4; 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.

[F30(3) In this paragraph, “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.]

Textual Amendments

Marginal Citations

PART 2 SAssistance to be given

Value of grantS

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 amountS

6.—(1) The basic amount is―

(a)[F31£754.65] if sub-paragraph (2) applies in relation to the child in respect of whom the grant is to be given; or

(b)[F32£377.35] 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;

[F33(v)a child for whom neither the individual nor their partner is responsible,]

[F34(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.

[F35(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

Multiple pregnancy supplementS

7.—(1) Subject to sub-paragraphs (2) and (3) a supplement of [F36£377.35 ] 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.

Textual Amendments

Form in which grant is givenS

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 3SInterpretation

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 M5.

(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

M51965 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 M6; or

(b)regulation 5(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 M7.

Marginal Citations

M6S.I. 2005/3061; there are amendments but none relevant for the purposes of these Regulations.

M7S.R. 2005/506; there are amendments but none relevant for the purposes of these Regulations.

[F37Meaning of “domestic abuse”S

11.—(1) Subject to sub-paragraph (3), in this schedule, “domestic abuse” means abusive behaviour within the meaning of sections 2 and 3 of the Domestic Abuse (Protection) (Scotland) Act 2021 (“the 2021 Act”).

(2) For the purposes of this schedule, sections 2 and 3 of the 2021 Act apply as if—

(a)references to “person A” were references to the partner or the ex-partner of the individual to whom the grant is to be given, and

(b)references to “person B” were references to the individual to whom the grant is to be given.

(3) Sub-paragraphs (4) to (13) have effect until the day on which sections 2 and 3 of the 2021 Act come into force.

(4) “Abusive behaviour” means behaviour by the partner or ex-partner of the individual to whom the grant is to be given (“person A”) which is abusive of the individual to whom the grant is to be given (“person B”).

(5) Behaviour by person A is abusive of person B if a reasonable person would consider the behaviour to be likely to cause person B to suffer physical or psychological harm.

(6) Behaviour is behaviour of any kind, including (for example)—

(a)saying or otherwise communicating as well as doing something,

(b)intentionally failing—

(i)to do something,

(ii)to say or otherwise communicate something.

(7) Behaviour directed at a person is such behaviour however carried out, including (in particular)—

(a)by way of conduct towards property,

(b)through making use of a third party,

as well as behaviour in a personal or direct manner.

(8) In sub-paragraph (5), the reference to psychological harm includes fear, alarm and distress.

(9) Behaviour may consist of a single incident or a course of conduct.

(10) Behaviour which is abusive of person B includes (in particular)—

(a)behaviour directed at person B that is violent, threatening or intimidating,

(b)behaviour directed at person B, at a child of person B or at another person that either—

(i)has its purpose (or among its purposes) one or more of the relevant effects set out in sub-paragraph (11), or

(ii)would be considered by a reasonable person to be likely to have one or more of the relevant effects set out in sub-paragraph (11).

(11) The relevant effects are of—

(a)making person B dependent on, or subordinate to, person A,

(b)isolating person B from friends, relatives or other sources of support,

(c)controlling, regulating or monitoring person B’s day-to-day activities,

(d)depriving person B of, or restricting person B’s, freedom of action,

(e)frightening, humiliating, degrading or punishing person B.

(12) In sub-paragraph (10)(a), the reference to violent behaviour includes sexual violence as well as physical violence.

(13) Person A and person B are partners (and “ex-partners” is to be construed accordingly) if they are—

(a)spouses or civil partners of each other, or

(b)in an intimate personal relationship with each other.]

Textual Amendments

Regulation 3(4)

[F38SCHEDULE 3SEarly learning grant

Textual Amendments

PART 1SEligibility

EligibilityS

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, [F39and]

(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, F40...

F41(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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”) [F42is] responsible for the child [F43.]

F44(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

Residence requirementS

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 [F45or the Isle of Man],

[F46(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],

[F47(ab)a person who—

(i)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, by virtue of—

(ia)the Afghan Relocations and Assistance Policy, or

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

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

(iii)has leave granted under the Afghan Citizens Resettlement Scheme],

[F48(ac)a person who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, F49...

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act [F50, or]

[F51(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,]]

[F52(ad)a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act]

[F53(ae)a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated the region following the attack and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA 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, F54...

(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.

[F55(3) In this paragraph “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.]

Textual Amendments

PART 2SAssistance to be given

Value of grantS

4.  The value of an early learning grant is [F56£314.45].

Textual Amendments

Form in which grant is givenS

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)

[F57SCHEDULE 4SSchool-age grant

Textual Amendments

PART 1SEligibility

EligibilityS

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, [F58and]

(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, F59...

F60(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Period within which application must be madeS

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”) [F61is] responsible for the child [F62.]

F63(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

Residence requirementS

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 [F64or the Isle of Man],

[F65(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],

[F66(ab)a person who—

(i)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, by virtue of—

(ia)the Afghan Relocations and Assistance Policy, or

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

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

(iii)has leave granted under the Afghan Citizens Resettlement Scheme],

[F67(ac)a person who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, F68...

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, [F69or]

[F70(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,]]

[F71(ad)a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act]

[F72(ae)a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA 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, F73...

(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.

[F74(3) In this paragraph “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.]

Textual Amendments

PART 2SAssistance to be given

Value of grantS

5.  The value of a school-age grant is [F75£314.45].

Textual Amendments

Form in which grant is givenS

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.]

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