4.—(1) Subject to [F1paragraph (1A), (1B) and (2)], Child Disability Payment may be paid in respect of an individual who is aged at least 3 months and is under the age of 18 years.
[F2(1A) Where regulation 15 (entitlement under special rules for terminal illness) applies, the requirement in paragraph (1) to be aged at least 3 months does not apply.
(1B) Child Disability Payment may continue to be paid in respect of an individual who is over the age of 17 years—
(a)where they are an individual to whom regulation 15 (entitlement under special rules for terminal illness) applies,
(b)until the age of 19 years where—
(i)the individual is awaiting a determination of their entitlement to disability assistance for working age people under regulations made under section 31 of the 2018 Act,
(ii)they are an individual mentioned in regulation 35 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland), or
(iii)they are a transferring individual in terms of Part 3 of the schedule.]
(2) [F3Where an individual’s entitlement to Child Disability Payment is first determined on the basis of an application made in accordance with section 38 of the 2018 Act,] Child Disability Payment may only be paid in respect of an individual who is under the age of 16 years on the day on which entitlement begins in accordance with regulation 24 (when an application is to be treated as made and beginning of entitlement to assistance).
(3) Where an individual was born on 29 February, the individual’s birthday is to be taken to fall on 28 February in a year which is not a leap year.
Textual Amendments
F1Words in reg. 4(1) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 4(a)
F2Reg. 4(1A)(1B) inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 4(b)
F3Words in reg. 4(2) inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 4(c)
Commencement Information