The Disability Assistance for Children and Young People (Scotland) Regulations 2021

When an application is to be treated as made and beginning of entitlement to assistance S

24.—(1) An application for Child Disability Payment is to be treated as made—

(a) on the day it is received by the Scottish Ministers, or

(b) if applicable, on the day identified by the Scottish Ministers in accordance with paragraph (2).

(2) If, before making a determination on the basis of an application, the Scottish Ministers consider that the individual in respect of whom the application is made—

(a) would not satisfy the requirement in—

(i) regulation 4 (age criteria),

(ii) regulations 5 to 9 (residence and presence conditions etc.),

F1 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) regulation 11 (care component criterion: lowest, middle or highest rate of care component),

(v) regulation 12 (mobility requirements: lower rate mobility component),

(vi) regulation 13 (mobility requirements: higher rate mobility component), or

(vii) regulation 16 (entitlement to care component when undergoing dialysis),

if the application were treated as made on the day it was received, and

(b) would likely be entitled to receive Child Disability Payment if those requirements were satisfied within a 13-week period beginning on the day it was received,

the Scottish Ministers may choose the date within that 13 week period on which the application is to be treated as having been made.

(3) Where, on the basis of an application, a determination is made that an individual is entitled to Child Disability Payment, the date on which entitlement begins is to be identified in accordance with paragraphs (4) to (6).

(4) Where an application is made within 6 weeks of the day on which the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers for the purpose of an application for Child Disability Payment, entitlement begins on whichever is the later of the day—

(a) on which the required data was submitted, or

(b) identified in accordance with paragraph (2).

(5) Subject to paragraph (6), where an application is made after the 6 week period described in paragraph (4), entitlement begins on the day on which the application is treated as having been made in accordance with paragraph (1).

(6) Where the Scottish Ministers are satisfied that there is good reason why an application was made after the 6 week period described in paragraph (4), they may treat the application as having been made within that period.

(7) For the purposes of section 38(3) (application for assistance) of the 2018 Act, the period covered by an application for Child Disability Payment—

(a) under paragraph (1)(a)—

(i) begins on the day on which the application is treated as having been made, and

(ii) ends on the day on which the determination of entitlement is made, and

(b) under paragraph (1)(b)—

(i) is deemed to begin on the day before the determination is made provided that the requirements are satisfied, and

(ii) ends on the day on which the determination is made.

Textual Amendments

F1 Reg. 24(2)(a)(iii) omitted (9.2.2022) by virtue of The Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022 (S.S.I. 2022/41), regs. 1, 3(8)

Commencement Information

I1 Reg. 24 in force at 26.7.2021, see reg. 1