- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (24/12/2020)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 24/12/2020.
There are currently no known outstanding effects for the The Carer's Assistance (Young Carer Grants) (Scotland) Regulations 2019,
PART 3
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
9.—(1) The period for requesting a re-determination of entitlement to a young carer grant, under section 41 of the Social Security (Scotland) Act 2018, is 31 days beginning with the day that the applicant is informed, in accordance with section 40 of that Act, of the right to make the request.
(2) The period allowed for re-determination (within the meaning of section 43 of that Act) is 16 working days beginning with—
(a)the day that the request for a re-determination is received by the Scottish Ministers, or
(b)where the request for a re-determination is received by the Scottish Ministers later than the period prescribed by paragraph (1), the day on which the Scottish Ministers, or on appeal the First-tier Tribunal for Scotland, decide that the applicant has a good reason for not requesting the re-determination sooner.
(3) For the purpose of paragraph (2), 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 M1.
Commencement Information
I1Reg. 9 in force at 21.10.2019, see reg. 1
Marginal Citations
M11971 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.
10.—(1) Paragraphs (2) and (3) apply where two or more applicants state that they are caring for the same person.
(2) The Scottish Ministers must determine which (if any) of the applicants is to be entitled to receive a young carer grant.
(3) Where the applications were made at different times, the Scottish Ministers must determine the application made first before determining any other application.
Commencement Information
I2Reg. 10 in force at 21.10.2019, see reg. 1
11.—(1) The Scottish Ministers are to make a determination of an individual's entitlement to a young carer grant without receiving an application where—
(a)an application has previously been made for a young carer grant (“the application”),
(b)the determination made in respect of the application was that the applicant was not entitled to a young carer grant,
(c)the only reason for the applicant not being entitled to a young carer grant was that a person being cared for was not in receipt of a qualifying disability benefit as required by regulation 6 throughout the qualifying period for the application and on the day of the application,
(d)the Scottish Ministers establish that—
(i)an award of a qualifying disability benefit has been made to the person being cared for that is a backdated award,
(ii)had that award been made before the day of the application, a determination that the individual is entitled to a young carer grant would have been made instead, and
(e)no other person has received a young carer grant since the day of the application, in respect of care of the person being cared for.
(2) In making a determination required by 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 regulation, 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 regulation a “backdated award” means an award of assistance for a day, or a period that begins on a day, that falls before the day the decision to make that award was taken.
Commencement Information
I3Reg. 11 in force at 21.10.2019, see reg. 1
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys