The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018

[F1 Determination following award of Scottish child payment S

5A.— (1) The Scottish Ministers are to make a determination of an individual’s entitlement to an early learning grant or a school-age grant in connection with a child (without receiving an application) where the circumstances described in sub-paragraph (2) are met.

(2) The circumstances referred to in sub-paragraph (1) are that—

(a) a determination has been made that the individual is entitled to a Scottish child payment in respect of the child and the individual has an ongoing entitlement to that payment by virtue of regulation 19 of the Scottish Child Payment Regulations,

(b) the individual’s Scottish child payment in respect of the child is not currently suspended within the meaning of regulation 19G(a) of the Scottish Child Payment Regulations, and

(c) it appears to the Scottish Ministers from the available information that the individual is likely to be entitled to an early learning grant or a school-age grant in respect of the child.

(3) Where a determination is to be, or has been, made without an application by virtue of this paragraph, references in these Regulations to the day the application is made are to be read as references to the day the determination is made.

(4) Where an individual who is entitled to a Scottish child payment requests that the Scottish Ministers do not make a determination (without receiving an application) of the individual’s entitlement to an early leaning grant or school-age grant—

(a) the Scottish Ministers are not to make a determination (without receiving an application) under sub-paragraph (1), and

(b) accordingly, their duty to do so under sub-paragraph (1) ceases to apply.

(5) In this paragraph—

(a) “Scottish child payment” means Scottish child payment assistance given in accordance with the Scottish Child Payment Regulations,

(b) “Scottish Child Payment Regulations” means the Scottish Child Payment Regulations 2020, and

(c) “the available information” means—

(i) the information provided in the individual’s application for the Scottish child payment,

(ii) any other information obtained by the Scottish Ministers in connection with that application, and

(iii) any other information available to them that is relevant to their consideration of whether the individual is entitled to an early learning grant or a school-age grant.]

Textual Amendments

F1 Sch. 1 para. 5A inserted (28.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(2), 2(3)