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

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Entitlement to short-term assistanceS

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1.—[F1(1) Subject to sub-paragraph (2) or (3), an individual who is, or was, entitled to Child Disability Payment under a determination made on the basis that the individual has ongoing entitlement is entitled to short-term assistance where—

(a)that determination of the individual’s entitlement to Child Disability Payment (“the earlier determination”) has been superseded by—

(i)a determination under section 37 (duty to make a determination) of the 2018 Act, or

(ii)if the earlier determination is a determination—

(aa)of an application for Child Disability Payment,

(bb)without application of an individual’s entitlement to Child Disability Payment under paragraph 9 of this schedule (determination without application of entitlement to Child Disability Payment),

(cc)without application of an individual’s entitlement to Child Disability Payment under regulation 35 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland),

a determination under section 43 (Scottish Ministers’ duty to re-determine) or section 49 (First-tier Tribunal’s power to determine entitlement on appeal) of the 2018 Act

(b)as a result of—

(i)the earlier determination being superseded as mentioned in sub-paragraph (1)(a), or

(ii)a later determination under section 43 or section 49 of the 2018 Act in relation to the individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in sub-paragraph (1)(a)(i), or the earlier determination mentioned in sub-paragraph (1)(a)(ii), relates,

the individual—

(iii)is no longer entitled to Child Disability Payment, or

(iv)is entitled to less Child Disability Payment than they were under the earlier determination,

(c)the individual’s entitlement to Child Disability Payment is under review within the meaning of—

(i)paragraph 1(2) of schedule 10 of the 2018 Act, or

(ii)sub-paragraph (1A), and

(d)the individual—

(i)continues to meet the conditions as to residence and presence set out in regulations 5 to 9A, or

(ii)has transferred to become resident in another part of the United Kingdom, and the matter under review is the determination of entitlement for the 13-week period beginning in accordance with regulation 36 (individuals in respect of whom Child Disability Payment is paid at the time of moving to another part of the United Kingdom).]

[F2(1A) An individual’s entitlement to Child Disability Payment is under review in terms of sub-paragraph [F3(1)(c)(ii)] if—

(a)a decision of the First-Tier Tribunal for Scotland under section 49 of the 2018 Act, in relation to the [F4individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates], is set aside after a review under section 43(2) of the Tribunals (Scotland) Act 2014 (review of decisions), and

(b)the First-Tier Tribunal for Scotland decides not to uphold a determination of an individual’s entitlement to Child Disability Payment in an appeal under section 46 of the 2018 Act and the First-Tier Tribunal for Scotland is to make a determination of the individual’s entitlement to Child Disability Payment under section 49 of the 2018 Act.

(1B) Where [F5a determination of] an individual’s entitlement to Child Disability Payment is set aside after a review in terms of sub-paragraph (1A)(a) [F6and the individual had previously been awarded short-term assistance on the basis that their entitlement to Child Disability Payment was under review by the First-tier Tribunal prior to it making the decision that has been set aside,] the Scottish Ministers are to make a determination without application of the individual’s entitlement to short-term assistance.]

[F7(1C) Where the First-tier Tribunal for Scotland set aside a decision by the Scottish Ministers not to accept a request for a re-determination of [F8the individuals’ entitlement to Child Disability Payment for the period to which the determination mentioned in sub-paragraph (1)(a)(i) relates], and the Scottish Ministers had previously determined, pursuant to an application made by the individual, that the individual was not entitled to short-term assistance on the basis that the [F9individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in sub-paragraph (1)(a)(i) relates] was not under review, the Scottish Ministers are to make a determination without application of the individual’s entitlement to short-term assistance.]

[F10(2) An individual is not entitled to short-term assistance where the individual is no longer entitled to Child Disability Payment as a result of a subsequent determination made under—

(a)regulation 31(a) (determination following change of circumstances etc.) where the change of circumstances is that the individual—

(i)no longer meets the requirements of regulation 4 (age criteria), or

(ii)is entitled to Adult Disability Payment under a determination—

(aa)made pursuant to an application made by the individual in accordance with regulation 58 (applications by individuals entitled to Child Disability Payment), or

(bb)made without receiving an application in accordance with regulation 59 (determination without application – terminal illness),

of the Disability Assistance for Working Age People (Scotland) Regulations 2022, or

(b)regulation 31(b).]

(3) An individual to whom regulation 17(2) (effect of admission to a care home on ongoing entitlement to care component) [F11, 18(2)] (effect of legal detention on ongoing entitlement to care component) [F12, or 20(2) (entitlement to care component beginning while in alternative accommodation)] applies is not entitled to short-term assistance in respect of the care component of Child Disability Payment.

(4) Where the Scottish Ministers have made a determination under section 37 of the 2018 Act (duty to make determination) that an individual is entitled to short-term assistance, entitlement to short-term assistance begins—

(a)where a request is made under section 41 of the 2018 Act (right to request re-determination) for a re-determination F13... of the individual’s entitlement to Child Disability Payment [F14for the period to which the determination] mentioned in paragraph 1(1)(a) [F15(i) relates], on the day that request is made,

(b)where a notice of appeal is submitted under section 47 of the 2018 Act (initiating an appeal) against [F16a determination] of the individual’s entitlement to Child Disability Payment [F14for the period to which the determination] mentioned in paragraph 1(1)(a) [F17(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii)], on the day that request is made,

(c)where a decision of the Scottish Ministers is made not to accept a request for a re-determination of the individual’s entitlement to Child Disability Payment [F14for the period to which the determination] mentioned in paragraph 1(1)(a) [F17(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates] [F18(i) relates], on the day that decision is set aside by the First-tier Tribunal for Scotland, F19...

(d)[F20where] a request is made under section 48(1)(b) of the 2018 Act (deadline for appealing) for permission to appeal [F21a determination] of the individual’s entitlement to Child Disability Payment [F14for the period to which the determination] mentioned in paragraph 1(1)(a) [F22(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates], on the day that request is made

[F23, or

(e)where a decision of the First-tier Tribunal for Scotland under section 49 of the 2018 Act, in relation to [F24a] determination of the individual’s entitlement to Child Disability Payment [F14for the period to which the determination] mentioned in paragraph 1(1)(a) [F25(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates], is set aside after review under section 43(2) of the Tribunals (Scotland) Act 2014 (review of decisions) and the First-tier Tribunal for Scotland is to [F24make a decision about] the individual’s entitlement to Child Disability Payment under section 49 of the 2018 Act, on the day that the decision is set aside.]

[F26(5) Regulation 37 (periods in respect of a re-determination request) applies to short-term assistance in the same way as it applies to Child Disability Payment.]

[F27(6) In this part of the schedule “the earlier determination” has the meaning given in sub-paragraph (1)(a).]

Textual Amendments

F1Sch. para. 1(1) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(a)

F2Sch. paras. 1(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, 19(1)(b)

F3Word in sch. para. 1(1A) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(b)

F4Words in sch. para. 1(1A)(a) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(c)

F5Words in sch. para. 1(1B) inserted (9.2.2022) by 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(11)(a)(i)

F6Words in sch. para. 1(1B) inserted (9.2.2022) by 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(11)(a)(ii)

F7Sch. para. 1(1C) inserted (9.2.2022) by 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(11)(b)

F8Words in sch. para. 1(1C) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(d)

F9Words in sch. para. 1(1C) substituted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 15(3)(e)

F10Sch. para. 1(2) 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, 19(4)(a) (with reg. 20)