The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019

Regulation 6

SCHEDULE 1 Text to be inserted as schedule 3 of the principal Regulations

Regulation 3(4)

“SCHEDULE 3 Early learning grant

PART 1 Eligibility

Eligibility

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,

(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, and

(g) the child is not, on the day the application is made, living in a residential establishment as defined in section 202(1) of the Children’s Hearings (Scotland) Act 2011(1).

Exception to paragraph 1(c)

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”) first came to be responsible for the child after—

(a) the first grant recipient applied for an early learning grant in respect of the child, or

(b) a determination of the first grant recipient’s entitlement to an early learning grant in respect of the child was made without an application (see Part 2 of schedule 1).

(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.

Residence requirement

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, the Isle of Man, the European Economic Area or Switzerland,

(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(2), where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom,

(ii) leave to remain under the destitution domestic violence concession, or

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005(3),

(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(4), 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.

PART 2 Assistance to be given

Value of grant

4.   The value of an early learning grant is £250.

Form in which grant is given

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.”

(1)

2011 asp 1. The definition of “residential establishment” in section 202 was amended by S.S.I. 2013/211.

(2)

1971 c.77.

(3)

S.I. 2005/1379.

(4)

1999 c.33.