The Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020

Eligibility rules for child winter heating assistance S

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—

(i) the highest rate of the care component of—

(aa) Disability Living Allowance, or

(bb) Child Disability Payment, or

[F2 (ii) the enhanced rate of the daily living component of—

(aa) Personal Independence Payment, or

(bb) Adult Disability Payment, and]]

(c) either—

(i) resident in Scotland, or

(ii) habitually resident in [F3 Switzerland 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 [F4 paragraph (1)(b)(i)(aa)], an individual is to be treated as being entitled to receive payment even if, throughout the qualifying week, [F5 regulation 8 (Hospitalisation of persons aged 18 or over), or] regulation 9 (persons in care homes) of the Social Security (Disability Living Allowance) Regulations 1991 M1 applies to the individual.

[F6 (3) For the purposes of the rule in [F7 paragraph (1)(b)(i)(bb)], 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.]

[F8 (5) For the purposes of the rule in [F9 paragraph (1)(b)(ii)(aa)], an individual is to be treated as being entitled to receive payment even if, throughout the qualifying week—

(a) regulation 28 (care home residents) of either the 2013 Regulations or the 2016 Regulations applies to the individual due to the individual being resident in a care home, or

(b) regulation 29 (hospital in-patients aged 18 or over) of either the 2013 Regulations or the 2016 Regulations applies to the individual due to the individual being an in-patient in hospital.

(6) In paragraph (5)—

(a) “care home” has the meaning given in section 85(3) of the Welfare Reform Act 2012 or article 90(3) of the Welfare Reform Act (Northern Ireland) Order 2015, and

(b) “hospital” has the meaning given in regulation 29 of the 2013 Regulations or regulation 29 of the 2016 Regulations.

(7) An individual is entitled to be paid child winter heating assistance in respect of the first qualifying week if it appears to the Scottish Ministers from information available to them that the individual would have been entitled to be paid child winter heating assistance had the requirement in regulation 4(1)(b)(ii) had effect beginning with the day upon which these Regulations came into force.]

[F10 (8) For the purposes of the rule in paragraph (1)(b)(ii)(bb), an individual is to be treated as being entitled to receive payment even if, throughout the qualifying week—

(a) regulation 27(2) (effect of admission to a care home on ongoing entitlement to daily living component) of the 2022 Regulations applies to the individual,

(b) regulation 28(2) (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the 2022 Regulations applies to the individual,

(c) regulation 32 (entitlement beginning while in alternative accommodation) of the 2022 Regulations applies to the individual due to the individual being resident in a care home or being an in-patient in a hospital or similar institution.

(9) In paragraph (8), “care home” has the meaning given in regulation 2 of the 2022 Regulations.]

Textual Amendments

F1 Reg. 4(1)(b) substituted (16.11.2021) by The Winter Heating Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/415), regs. 1(1), 2(3)(a)

F2 Reg. 4(1)(b)(ii) substituted (21.3.2022) by The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/31), regs. 1, 18(3)(a) (with reg. 20)

F3 Words 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)

F4 Words in reg. 4(2) substituted (16.11.2021) by The Winter Heating Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/415), regs. 1(1), 2(3)(b)(i)

F5 Words in reg. 4(2) inserted (16.11.2021) by The Winter Heating Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/415), regs. 1(1), 2(3)(b)(ii)

F6 Reg. 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)

F7 Words in reg. 4(3) substituted (16.11.2021) by The Winter Heating Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/415), regs. 1(1), 2(3)(c)

F8 Reg. 4(5)-(7) inserted (16.11.2021) by The Winter Heating Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/415), regs. 1(1), 2(3)(d)

F9 Words in reg. 4(5) substituted (21.3.2022) by The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/31), regs. 1, 18(3)(b) (with reg. 20)

F10 Reg. 4(8)(9) inserted (21.3.2022) by The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/31), regs. 1, 18(3)(c) (with reg. 20)

Commencement Information

I1 Reg. 4 in force at 9.11.2020, see reg. 1

Marginal Citations

M1 S.S.I. 1991/2890 as amended by S.I. 2007/2875, S.I. 2013/389, S.I. 2015/643 and S.I. 2019/1027.