The Scottish Child Payment Regulations 2020

1. Introductory Text

2. PART 1 Introduction

   1. 1. Citation

   2. 2. Commencement

   3. 3. Overview

3. PART 2 Interpretation

   1. General

      1. 4. References to the 2018 Act

   2. Expressions about time and timing

      1. 5. When an application is to be treated as made

      2. 6. Meaning of “working day”

      3. 7. Calculation of the age of a child born on 29 February

      4. 8. Meaning of “week”

   3. Expressions about inter-personal relationships

      1. 9. Meaning of being responsible for a child

      2. 10. Meaning of “partner”

      3. 11. Meaning of “kinship carer”

      4. 12. Meaning of “dependant”

   4. Expressions about social security assistance

      1. 13. Meaning of determination of entitlement to a Scottish child payment

      2. 14. Meaning of references to specified kinds of assistance

      3. 15. Meaning of references to assistance being awarded

      4. 16. Meaning of “assessment period” in relation to universal credit

4. PART 3 Eligibility and assistance to be given

   1. 17. Duty to give assistance

   2. 18. Eligibility for a Scottish child payment

   3. 19. Ongoing entitlement

   4. 20. Value and form of a Scottish child payment

   5. 21. Time of payment

   6. 22. Individual’s right to stop receiving assistance

   7. 23. Later determination supersedes earlier

5. PART 4 Transitory provision

   1. 24. Definitions – initial period

   2. 25. When an application is treated as made – initial period

   3. 26. Time of payment – initial period

   4. 27. Duty to notify – initial period

6. Signature

7. 1. SCHEDULE

      Procedural matters

      1. PART 1 Applications and determination of applications

         1. 1. Requirement for applications

         2. 2. Withdrawal of application

         3. 3. Duty to make a determination of entitlement

         4. 4. Notice of determination

         5. 5. Multiple determinations involving the same child

      2. PART 2 Determination without application

         1. 6. Determination following official error resulting in underpayment

         2. 7. Determination following error resulting in overpayment

         3. 8. Determination following backdated award of assistance

         4. 9. (1) In making a determination required by paragraph 8 the...

         5. 10. Determination following change of circumstances etc.

         6. 11. Determination following award of a Scottish child payment in respect of another child

         7. 12. Determination following cessation of award of a Scottish child payment

         8. 13. Determination to effect a deduction decision

      3. PART 3 Re-determination of entitlement

         1. 14. Right to request re-determination and periods allowed

         2. 15. Late request for re-determination

         3. 16. Duty to re-determine and period allowed

         4. 17. Notice of re-determination

         5. 18. Notice where re-determination not made timeously

      4. PART 4 Appeals

         1. 19. Right to appeal to the First-tier Tribunal against determination

         2. 20. Initiating an appeal

         3. 21. Deadline for appealing

         4. 22. First-tier Tribunal’s power to determine entitlement

         5. 23. Appeal to First-tier Tribunal against process decisions

         6. 24. Presumption for purposes of paragraphs 4, 14, 15, 17, 18 and 20

      5. PART 5 Further provision about determining entitlement

         1. 25. Obtaining information to make determination

         2. 26. Duty to notify change of circumstances

         3. 27. Lifting of duty to notify change of circumstances

         4. 28. Right to support

      6. PART 6 Recovery of value of assistance

         1. 29. Liability for assistance given in error

         2. 30. Exclusion from liability

         3. 31. Consideration for debtor’s circumstances

         4. 32. Exclusion of other rights of recovery

         5. 33. Liability where assistance given for period after death

      7. PART 7 Coronavirus – relaxation of deadlines

         1. 34. Re-determination and appeal deadlines

         2. 35. Timing of applications for Scottish child payment

8. Explanatory Note