SCHEDULE 2Pregnancy and baby grant

PART 3Interpretation

F1Meaning of “domestic abuse”11

1

Subject to sub-paragraph (3), in this schedule, “domestic abuse” means abusive behaviour within the meaning of sections 2 and 3 of the Domestic Abuse (Protection) (Scotland) Act 2021 (“the 2021 Act”).

2

For the purposes of this schedule, sections 2 and 3 of the 2021 Act apply as if—

a

references to “person A” were references to the partner or the ex-partner of the individual to whom the grant is to be given, and

b

references to “person B” were references to the individual to whom the grant is to be given.

3

Sub-paragraphs (4) to (13) have effect until the day on which sections 2 and 3 of the 2021 Act come into force.

4

Abusive behaviour” means behaviour by the partner or ex-partner of the individual to whom the grant is to be given (“person A”) which is abusive of the individual to whom the grant is to be given (“person B”).

5

Behaviour by person A is abusive of person B if a reasonable person would consider the behaviour to be likely to cause person B to suffer physical or psychological harm.

6

Behaviour is behaviour of any kind, including (for example)—

a

saying or otherwise communicating as well as doing something,

b

intentionally failing—

i

to do something,

ii

to say or otherwise communicate something.

7

Behaviour directed at a person is such behaviour however carried out, including (in particular)—

a

by way of conduct towards property,

b

through making use of a third party,

as well as behaviour in a personal or direct manner.

8

In sub-paragraph (5), the reference to psychological harm includes fear, alarm and distress.

9

Behaviour may consist of a single incident or a course of conduct.

10

Behaviour which is abusive of person B includes (in particular)—

a

behaviour directed at person B that is violent, threatening or intimidating,

b

behaviour directed at person B, at a child of person B or at another person that either—

i

has its purpose (or among its purposes) one or more of the relevant effects set out in sub-paragraph (11), or

ii

would be considered by a reasonable person to be likely to have one or more of the relevant effects set out in sub-paragraph (11).

11

The relevant effects are of—

a

making person B dependent on, or subordinate to, person A,

b

isolating person B from friends, relatives or other sources of support,

c

controlling, regulating or monitoring person B’s day-to-day activities,

d

depriving person B of, or restricting person B’s, freedom of action,

e

frightening, humiliating, degrading or punishing person B.

12

In sub-paragraph (10)(a), the reference to violent behaviour includes sexual violence as well as physical violence.

13

Person A and person B are partners (and “ex-partners” is to be construed accordingly) if they are—

a

spouses or civil partners of each other, or

b

in an intimate personal relationship with each other.