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.