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

[F1 PART 1 S Eligibility

Textual Amendments

F1 Sch. 3 inserted (29.4.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/157), reg. 2(2), sch. 1

Eligibility S

1.   An individual is eligible for an early learning grant in respect of a child if—

(a) the individual’s application for the grant is made on or after the day that the Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019 are made (see regulation 4 in relation to when an application is to be treated as made),

(b) the individual’s application for the grant is made in the period that—

(i) begins on the child’s 2nd birthday, and

(ii) ends at the end of the day that falls 6 months after the child’s 3rd birthday,

(c) no-one else has received, or is due to receive, an early learning grant in respect of the child (but see paragraph 2),

(d) on the day the application is made the individual satisfies the residence requirement set by paragraph 3,

(e) either the individual or the individual’s partner is (or both of them are) responsible for the child on the day the application is made,

(f) at least one of these statements is true—

(i) the individual or the individual’s partner has (or both of them have) been awarded, for the day the application is made (or for a period which includes that day), assistance of a kind specified in regulation 11,

(ii) the individual or the individual’s partner has (or both of them have) been awarded universal credit for—

(aa) the assessment period that includes the day the application is made, or

(bb) the assessment period that ended immediately before the assessment period mentioned in sub-head (aa) started,

(iii) on the day the application is made the individual is under 18 years of age,

(iv) on the day the application is made the individual is—

(aa) 18 or 19 years of age, and

(bb) a dependant of another individual, and

(g) the child is not, on the day the application is made, living in a residential establishment as defined in section 202(1) of the Children’s Hearings (Scotland) Act 2011.

Exception to paragraph 1(c) S

2.— (1) For the purpose of determining the entitlement of the individual referred to in this paragraph as the applicant, the eligibility condition in paragraph 1(c) is to be ignored in the circumstance described by sub-paragraphs (2) to (6).

(2) An individual (“the first grant recipient”) has been, or is due to be, given an early learning grant in respect of the child.

(3) Another individual (“the applicant”) [F2 is] responsible for the child [F3 .]

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The applicant has not been the partner of the first grant recipient at any time since the first grant recipient applied for an early learning grant in respect of the child.

(5) On the day the applicant applies, the child does not normally live with the first grant recipient.

(6) On the day the applicant applies, no-one other than the first grant recipient has been, or is due to be, given an early learning grant in respect of the child.

(7) In this paragraph, references to “the day the applicant applies” are to the day the applicant’s application for an early learning grant in respect of the child is made.

Textual Amendments

F2 Word in sch. 3 para. 2(3) substituted (23.12.2021) by The Best Start Grants and Scottish Child Payment (Miscellaneous Amendments) Regulations 2021 (S.S.I. 2021/494), regs. 1(1), 4(2)(a)

F3 Full stop in sch. 3 para. 2(3) substituted for word (23.12.2021) by The Best Start Grants and Scottish Child Payment (Miscellaneous Amendments) Regulations 2021 (S.S.I. 2021/494), regs. 1(1), 4(2)(b)

F4 Sch. 3 para. 2(3)(a)(b) omitted (23.12.2021) by virtue of The Best Start Grants and Scottish Child Payment (Miscellaneous Amendments) Regulations 2021 (S.S.I. 2021/494), regs. 1(1), 4(2)(c)

Residence requirement S

3.— (1) The residence requirement referred to in paragraph 1(d) is satisfied by an individual on a day if, on that day—

(a) the individual is ordinarily resident in Scotland, and

(b) in a case where neither the individual nor the individual’s partner has been awarded assistance as mentioned in paragraph 1(f)(i) or (ii), the condition set by sub-paragraph (2) is also met.

(2) The condition referred to in sub-paragraph (1)(b) is met on any day that the individual is—

(a) habitually resident in the United Kingdom, the Channel Islands [F5 or the Isle of Man],

[F6 (aa) a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and—

(i) is a qualified person within the meaning of regulation 6(1)(a) (jobseeker), (b) (worker), (c) (self-employed person), (d) (self-sufficient person) or (e) (student) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations);

(ii) retains the status referred to in sub-head (i) pursuant to regulation 6(2) or (4) of the EEA Regulations;

(iii) is a family member of a person referred to in sub-head (i) or (ii) within the meaning of regulation 7(1) of the EEA Regulations;

(iv) has a right to reside permanently in the United Kingdom by virtue of regulation 15(1) of the EEA Regulations; or

(v) has been granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act],

[F7 (ab) a person who—

(i) has leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 1971, by virtue of—

(ia) the Afghan Relocations and Assistance Policy, or

(ib) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),

(ii) has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or

(iii) has leave granted under the Afghan Citizens Resettlement Scheme],

[F8 (ac) a person who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, or

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act,]

(b) a refugee within the definition in Article 1 of the Convention relating to the status of refugees done at Geneva on 28 July 1951, as extended by article 1(2) of the Protocol relating to the status of refugees done at New York on 31 January 1967,

(c) a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971, F9 ...

(d) a person who has humanitarian protection granted under the rules made under section 3(2) of the Immigration Act 1971,

(e) a person who—

(i) is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999, and

(ii) is in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.]

[F10 (3) In this paragraph “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.]

Textual Amendments

F5 Words in sch. 3 para. 3(2)(a) substituted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 3(3)(a)

F6 Sch. 3 para. 3(2)(aa) inserted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 3(3)(b)

F7 Sch. 3 para. 3(2)(ab) inserted (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 3(3)(a)

F8 Sch. 3 para. 3(2)(ac) inserted (22.3.2022 at 5.40 p.m.) by The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 4(3)(a)

F9 Words in sch. 3 para. 3(2)(c) omitted (22.3.2022 at 5.40 p.m.) by virtue of The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 4(3)(b)

F10 Sch. 3 para. 3(3) inserted (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 3(3)(b)