- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (22/11/2021)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 09/02/2022
Point in time view as at 22/11/2021. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Disability Assistance for Children and Young People (Scotland) Regulations 2021, Section 5.
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.
5.—(1) An individual satisfies the residence and presence conditions where on any day that individual—
(a)is ordinarily resident in Scotland,
(b)is habitually resident in the common travel area,
(c)is not a person to whom section 115(3) of the Immigration and Asylum Act 1999(1) applies, within the meaning of section 115(9) of that Act F1...,
(d)is present in the common travel area, and
(e)has been present in the common travel area for a period of, or for periods amounting in the aggregate to, not less than 26 weeks in the 52 weeks immediately preceding that day.
(2) In the case of a child under the age of 6 months, paragraph (1) is to apply as if in sub-paragraph (e) for the reference to 26 weeks there was substituted a reference to 13 weeks.
(3) Where in any particular case a child has by virtue of paragraph (2) entitlement to the care component immediately before the day the child attains the age of 6 months, then until the child attains the age of 12 months, paragraph (1)(e) shall continue to apply in that child’s case as if for the reference to 26 weeks there was substituted a reference to 13 weeks.
(4) The residence condition set out in paragraph (1)(a) does not apply in relation to the care component where on any day the individual—
(a)is habitually resident in Ireland,
(b)has a genuine and sufficient link to Scotland, and
(c)is an individual—
(i)to whom the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland signed at Dublin on 1 February 2019(2), as modified from time to time in accordance with any provision of it, applies, and
(ii)in respect of whom the United Kingdom is, as a result, competent for payment of long term care benefits.
(5) The reference in paragraph (4)(b) to an individual’s link to Scotland being sufficient is to it being sufficiently close that if the individual were not entitled to Child Disability Payment, paragraph (4) would be incompatible with Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland signed at Dublin on 1 February 2019.
(6) A relevant individual is treated as satisfying the residence and presence conditions set out in paragraph (1)(a), [F2(b) and (d)] where on any day that individual is outside the common travel area—
(a)by reason of their capacity mentioned in paragraph (7)(b) provided that individual satisfied the residence and presence conditions set out in paragraph (1)(a), [F2(b) and (d)] immediately prior to the start of their employment mentioned in paragraph (7)(b), or
(b)by reason of being a person mentioned in paragraph (7)(a) living with an individual to whom sub-paragraph (a) applies.
(7) A “relevant individual” in paragraph (6) means an individual who is—
(a)living with a person mentioned in sub-paragraph (b) and—
(i)is the child, step-child or a child in care of that person, or
(ii)is married to or in a civil partnership with that person, or is living together with that person as if they were married or in a civil partnership, or
(b)outside the common travel area in their capacity as a—
(i)serving member of Her Majesty’s forces, or
(ii)civil servant.
(8) An individual is to be treated as meeting the presence conditions set out in paragraphs (1)(d) and (e) for any period where that individual is—
(a)outside the common travel area in their capacity as an aircraft worker or mariner, or
(b)in employment prescribed for the purposes of section 120 (employment at sea (continental shelf operations)) of the Social Security Contributions and Benefits Act 1992(3) in connection with continental shelf operations.
(9) Where an individual—
(a)does not meet [F3either or both of the presence conditions] set out in paragraph [F4(1)(d) and (e)] on the date the application is received by the Scottish Ministers, and
(b)appears to the Scottish Ministers likely to meet [F5both of those conditions], unless there is a change of circumstances, on a date not later than 3 months after the application was received,
the Scottish Ministers may choose the date within that 3 month period on which the application is to be treated as being made.
(10) The past presence condition in paragraph (1)(e) does not apply where an individual—
(a)has a terminal illness within the meaning of regulation 15, F6...
(b)has—
(i)been granted refugee status or humanitarian protection under the immigration rules, or
(ii)leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules[F7, or
(c)is a person described in paragraph (7)]
[F8(10A) The habitual residence condition in paragraph (1)(b) and the past presence condition in paragraph (1)(e) do not apply where an individual—
(a)has leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—
(i)the Afghan Relocations and Assistance Policy, or
(ii)the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),
(b)has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (a); or
(c)has leave granted under the Afghan Citizens Resettlement Scheme.]
[F9(11) For the purposes of paragraphs (10) and (10A)—
(a)“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,
(b)“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.]
Textual Amendments
F1Words in reg. 5(1)(c) omitted (22.11.2021) by virtue of The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 5(a)
F2Words in reg. 5(6) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 5(b)
F3Words in reg. 5(9)(a) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 5(c)(i)
F4Words in reg. 5(9)(a) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 5(c)(ii)
F5Words in reg. 5(9)(b) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 5(d)
F6Word in reg. 5(10)(a) omitted (22.11.2021) by virtue of The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 5(e)
F7Reg. 5(10)(c) and word inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 5(f)
F8Reg. 5(10A) inserted (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 6(2)
F9Reg. 5(11) substituted (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 6(3)
Commencement Information
2019 CP 49.
1992 c.4, relevantly amended by paragraph 26(a) and (b) of schedule 3 and paragraph 8 of schedule 7 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2), paragraph 70 of schedule 7 of the Social Security Act 1998 (c.14), section 12(2) to (4) of the National Insurance Contributions Act 2014 (c.7) and paragraph 30 of schedule 4 of the Petroleum Act 1998 (c.17).
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