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

Modification of these Regulations: transferring individuals S

13.  These Regulations apply to a transferring individual on and after the date of transfer with the following modifications—

[F1 (za) where paragraph [F2 11(2), 11(3)] or 12(2) applies, for the period between the date when entitlement to Child Disability Payment begins and the date of the determination under paragraph 9(1), regulation 10 (entitlement to other benefits) is treated as omitted,

(zb) regulation 15 (entitlement under special rules for terminal illness) is to be read as if—

(i) paragraph (3)(a) reads “the individual transferred by virtue of a determination under paragraph 9(1) (“the date of transfer”)”, where that determination is made in accordance with paragraph 11(1)(a) of the schedule”,

(ii) paragraph (3)(b) is omitted,

(iii) in paragraphs (4) and (5) for “whichever date in paragraph (3)(a) or (b) applies” reads “the date in paragraph (3)(a),

(iv) paragraph (10) reads “Where an individual has previously received Child Disability Payment or Disability Living Allowance for a period and a determination is subsequently made that the same individual is entitled to Child Disability Payment at a higher rate for that period by virtue of this regulation, that individual will be entitled to the difference between the value of entitlement to Child Disability Payment under the subsequent determination and the value of Child Disability Payment or Disability Living Allowance to which that individual was previously entitled for that period.]

(a) regulation 17 (effect of admission to a care home on ongoing entitlement to care component) and regulation 18 (effect of legal detention on ongoing entitlement to care component) are to be read as if the period of 28 days begins on the date of transfer, F3 ...

[F4 (aa) regulation 20 (entitlement to care component beginning while in alternative accommodation) is to be read as if—

(i) in paragraph (1) after “begins” there are the words “in terms of part 3 of the schedule”,

(ii) in paragraph (2) “that day” reads “the day on which the individual has been entitled to Child Disability Payment for 28 days]

(b) regulation 24 (when an application is to be treated as made and beginning of entitlement to assistance) is treated as omitted [F5 , and

(c) regulation 25 (time of payment) is to be read as if for paragraph (b) there were substituted—

“(b) any subsequent payment—

(i) 4 weekly in arrears,

(ii) weekly in advance, or

(iii) where the Scottish Ministers consider that it would be unjust not to do so, at such intervals as may be specified in the notice of  determination.”]

Textual Amendments

F1 Sch. paras. 13(za)(zb) inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 20(5)(a)

F2 Words in sch. para. 13(za) substituted (29.8.2022) by The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 18(5)(a)

F3 Word in sch. para. 13 omitted (29.8.2022) by virtue of The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 18(5)(b)

F4 Sch. para. 13(aa) inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 20(5)(b)

F5 Sch. para. 13(c) and preceding word inserted (29.8.2022) by The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 18(5)(c)

Commencement Information

I1 Sch. para. 13 in force at 26.7.2021, see reg. 1