- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (26/07/2021)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 16/11/2021
Point in time view as at 26/07/2021. This version of this provision has been superseded.
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There are currently no known outstanding effects for the The Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020, Section 4.
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4.—(1) An individual is entitled to be paid child winter heating assistance in respect of a qualifying week if, in respect of any day within the qualifying week the individual is—
(a)a child or young person,
[F1(b)entitled to receive payment of the highest rate of the care component of—
(i)Disability Living Allowance, or
(ii)Child Disability Payment, and]
(c)either—
(i)resident in Scotland, or
(ii)habitually resident in [F2Switzerland or] an EEA state listed in the schedule and has a genuine and sufficient link to Scotland.
(2) For the purposes of the rule in [F3paragraph (1)(b)(i)], an individual is to be treated as being entitled to receive payment even if, throughout the qualifying week, regulation 9 (persons in care homes) of the Social Security (Disability Living Allowance) Regulations 1991 M1 applies to the individual.
[F4(3) For the purposes of the rule in paragraph (1)(b)(ii), an individual is to be treated as being entitled to receive payment even if, throughout the qualifying week—
(a)regulation 17(2) (effect of admission to a care home on ongoing entitlement to care component) of the 2021 Regulations applies to the individual, or
(b)regulation 20 (entitlement beginning while in alternative accommodation) of the 2021 Regulations applies to the individual due to the individual being resident in a care home.
(4) In paragraph (3), “care home” has the meaning given in regulation 2 of the 2021 Regulations.]
Textual Amendments
F1Reg. 4(1)(b) substituted (26.7.2021) by The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 18(3)(a) (with reg. 19)
F2Words in reg. 4(1)(c)(ii) inserted (1.4.2021) by The Social Security (Up-rating) (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/170), regs. 1(1), 5(2)
F3Words in reg. 4(2) substituted (26.7.2021) by The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 18(3)(b) (with reg. 19)
F4Reg. 4(3)(4) inserted (26.7.2021) by The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 18(3)(c) (with reg. 19)
Commencement Information
I1Reg. 4 in force at 9.11.2020, see reg. 1
Marginal Citations
M1S.S.I. 1991/2890 as amended by S.I. 2007/2875, S.I. 2013/389, S.I. 2015/643 and S.I. 2019/1027.
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