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

1. Introductory Text

2. PART 1 Introductory and interpretation

   1. 1. Citation and commencement

   2. 2. Interpretation - general

3. PART 2 Disability assistance for children and young people

   1. 3. Overview

4. PART 3 Eligibility

   1. 4. Age criteria

   2. 5. Residence and presence conditions

   3. 6. Interpretation - residence and presence conditions

   4. 7. Temporary absence from the common travel area

   5. 8. Persons residing in the United Kingdom to whom a relevant EU regulation applies

   6. 9. Persons residing outside the United Kingdom to whom a relevant EU regulation applies

   7. 9A. No entitlement to care component where UK is not competent state

   8. 10. Entitlement to other benefits

   9. 11. Care component criterion: lowest, middle or highest rate care component

   10. 12. Mobility requirements: lower rate mobility component

   11. 13. Mobility requirements: higher rate mobility component

   12. 14. Exclusion of entitlement to mobility component

5. PART 4 Entitlement under special rules for terminal illness and when undergoing dialysis

   1. 15. Entitlement under special rules for terminal illness

   2. 16. Entitlement to care component when undergoing dialysis

6. PART 5 Effect of time spent in care homes and in legal detention

   1. 17. Effect of admission to a care home on ongoing entitlement to care component

   2. 18. Effect of legal detention on ongoing entitlement to care component

   3. 19. Calculation of periods of time spent in a care home or in legal detention

   4. 20. Entitlement to care component beginning while in alternative accommodation

   5. 21. Entitlement to care component of Child Disability Payment while an in-patient

7. PART 6 Making of applications and payments and duration of eligibility

   1. 22. Making payments

   2. 23. Amount and form of Child Disability Payment

   3. 24. When an application is to be treated as made and beginning of entitlement to assistance

   4. 25. Time of payment

   5. 26. Continuing eligibility

   6. 26A. Circumstances in which assistance may be suspended

   7. 26B. Having regard to financial circumstances

   8. 26C. Information to be given following suspension

   9. 26D. Right to review suspension

   10. 26E. Ending a suspension

   11. 26F. Effect of suspension ending

   12. 27. Form of payment – giving Child Disability Payment by way of deduction

   13. 28. When an increase in level of entitlement takes effect

   14. 29. When a decrease in level or cessation of entitlement takes effect

8. PART 7 Re-consideration of entitlement to Child Disability Payment: determination without application

   1. 30. Consideration of entitlement after specified period

   2. 31. Determination following change of circumstances etc.

   3. 32. Determination following official error - underpayments

   4. 33. Determination following error - overpayments

   5. 34. Determination to effect a deduction decision

9. PART 8 Movement of individuals between Scotland and the rest of the United Kingdom

   1. 35. Individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland

   2. 36. Individuals in respect of whom Child Disability Payment is paid at the time of moving to another part of the United Kingdom

10. PART 9 Periods in respect of a re-determination request

    1. 37. Periods in respect of a re-determination request

11. PART 10 Provision of vehicles

    1. 38. Payment of mobility component to authorised providers of vehicles for individuals with disabilities

    2. 39. Vehicles for persons with disabilities – powers of appointees

12. PART 11 Initial period for applications

    1. 40. Initial period for applications

13. PART 12 Transfer to Child Disability Payment

    1. 41. Transfer to Child Disability Payment

14. PART 13 Short-term assistance

    1. 42. Entitlement to short-term assistance

15. PART 14 Consequential amendment

    1. 43. Consequential amendment

16. PART 15 Transitory provision

    1. 44. Transitory provision – initial period for applications

    2. 45. Exclusion to transitory provision

17. Signature

18. 1. SCHEDULE

       1. PART 1 Short-term assistance

          1. 1. Entitlement to short-term assistance

          2. 2. Value and form

          3. 3. End of entitlement

          4. 4. Reduction of payment of Child Disability Payment where short-term assistance is paid

       2. PART 2 Initial period for applications

          1. 5. Initial period for applications

          2. 6. Local authority areas for initial period for applications

       3. PART 3 Transfer to Child Disability Payment

          1. 7. Interpretation

          2. 8. Notice of intention to transfer to Child Disability Payment

          3. 9. Determination without application of entitlement to Child Disability Payment

          4. 10. Effect of determination on entitlement to Disability Living Allowance

          5. 11. Exceptions to paragraph 9(4)

          6. 12. Effect of legal custody on payment of the mobility component

          7. 13. Modification of these Regulations: transferring individuals

          8. 14. Appointees

       4. PART 4 Consequential amendment

          1. 15. (1) The Social Security Contributions and Benefits Act 1992 is...

19. Explanatory Note