SCHEDULE 1Procedural matters
PART 1Re-determination timescales
Deadline for requesting re-determination1
The period for requesting a re-determination of entitlement to early years assistance under section 41 of the Social Security (Scotland) Act 2018 M1 is 31 days beginning with the day that the individual is informed, in accordance with section 40 of that Act, of the right to make the request.
Period allowed for re-determination2
1
In relation to determining entitlement to early years assistance, the period allowed for re-determination (within the meaning of section 43 of the Social Security (Scotland) Act 2018) is 16 working days beginning with—
b
in a case where the request for a re-determination is received by the Scottish Ministers outwith the period prescribed in paragraph 1, the day on which it is decided by the Scottish Ministers or (as the case may be) the First-tier Tribunal for Scotland that the individual in question has a good reason for not requesting a re-determination soonerF39, or
c
in a case where the Scottish Ministers have informed the individual of their decision that the request for a re-determination was not made in such form as the Scottish Ministers require, the day on which it is subsequently decided by the First-Tier Tribunal for Scotland that the individual in question has made the request in such form as the Scottish Ministers require.
2
For the purpose of this paragraph, a “working day” is a day other than—
a
a Saturday;
b
a Sunday; or
c
a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 M2.
PART 2Determination without application
Determination following application in connection with another child3
1
The Scottish Ministers are to make a determination of an individual's entitlement to early years assistance in connection with a child (without receiving an application) in the circumstance described in sub-paragraph (2).
2
The circumstance referred to in sub-paragraph (1) is that—
a
the individual has applied for early years assistance in respect of a child; and
b
it appears to the Scottish Ministers from the available information that, unless circumstances change, the individual will become eligible for early years assistance in respect of another child within the period—
i
beginning on the day the application is made; and
ii
ending at the end of the day that falls 10 days later.
3
The determination that sub-paragraph (1) requires to be made is to be made on, or as soon as reasonably practicable after, the day that the Scottish Ministers anticipate will be the day on which the individual first becomes eligible for early years assistance in respect of the child as mentioned in sub-paragraph (2)(b).
4
The determination that sub-paragraph (1) requires to be made is to be made (subject to sub-paragraph (5)) on the basis that whatever can be discerned from the available information to have been the case on the day the application mentioned in sub-paragraph (2)(a) was made remains the case on the day the determination is made.
5
A determination is not to be made on the basis of the assumption set out in sub-paragraph (4) if, and to the extent that, the Scottish Ministers have information suggesting the assumption is unsound.
F35A
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.
6
In this paragraph, “the available information” means—
a
the information provided in the application referred to in sub-paragraph (2)(a); and
b
any other information obtained by the Scottish Ministers in connection with that application.
F1Determination following official error4
1
The Scottish Ministers are to make a determination of an individual’s entitlement to a best start grant in connection with a child (without receiving an application) where—
a
they have previously made a determination of the individual’s entitlement to the grant in connection with the child (“the original determination”),
b
they establish that due to an official error the original determination was wrongly made resulting in the individual—
i
not being given a grant for which the individual was eligible, or
ii
being given a grant of lesser value than the grant to which the individual was entitled,
c
the Scottish Ministers are not considering a request for a re-determination of the individual’s entitlement to the grant, and
d
the individual has not appealed to the First-tier Tribunal for Scotland against the Scottish Ministers’ determination of the individual’s entitlement to the grant.
2
In making a determination required by sub-paragraph (1) the Scottish Ministers are to use—
a
the information provided in the application that led to the original determination, and
b
any other information they have obtained in connection with that application.
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 application that led to the original determination was made.
4
In this paragraph—
“best start grant” means one of the forms of early years assistance mentioned in regulation 3,
“official error” means an error made by someone acting on behalf of the Scottish Ministers or on behalf of a Minister of the Crown that was not materially contributed to by anyone not so acting.
F1Determination following backdated award of assistance5
1
The Scottish Ministers are to make a determination of an individual’s entitlement to a best start grant in connection with a child (without receiving an application) where—
a
a determination has previously been made that the individual is not entitled to the grant in connection with the child (“the original determination”), and
b
the Scottish Ministers establish that—
i
following an appeal, an award of universal credit or assistance of a kind specified in regulation 11 is made that is a backdated award, and
ii
had that award been made before the original determination, a determination that the individual is entitled to the grant in connection with the child would have been made instead.
2
In making a determination required by sub-paragraph (1) the Scottish Ministers are to use—
a
the information provided in the application that led to the original determination, and
b
any other information they have obtained in connection with that application.
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 application that led to the original determination was made.
4
In this paragraph, “best start grant” means one of the forms of early years assistance mentioned in regulation 3 and “backdated award” has the same meaning as in regulation 5.
F27PART 3Competing Claims
Multiple applications in respect of the same child6
1
Where two or more individuals have applied for early years assistance in respect of the same child, the Scottish Ministers are to make a determination of entitlement in accordance with sub-paragraphs (2) to (5).
2
Where the Scottish Ministers decide that two or more individuals are eligible for early years assistance in respect of the child, they must apply the rules in sub-paragraphs (3) to (5) to determine which of the individuals is to be entitled to that assistance.
3
The rules are that—
a
where only one individual has been awarded child tax credit, state pension credit or universal credit for the day, or assessment period that includes the day, in question (and the child is recognised to be a child for whom the individual has responsibility in terms of that award of assistance), unless the Scottish Ministers decide otherwise in pursuance of the rule in sub-paragraph (5), that individual is entitled to early years assistance,
b
where none of the individuals have been awarded assistance as described in sub-paragraph (3)(a), and only one individual has been awarded child benefit for the day in question (and the child is recognised to be a child for whom the individual has responsibility in terms of that award of assistance), that individual is entitled to early years assistance,
c
where the individuals are kinship carers for the child, and none of them have been awarded any kind of assistance as described in sub-paragraph (3)(a) or (3)(b), the individual whose determination is to be made first is entitled to early years assistance,
d
where one individual has been awarded child benefit for the day in question, and another individual is a kinship carer for the child, the individual who is the kinship carer for the child is entitled to early years assistance.
4
For the purposes of sub-paragraph (3), the individual whose determination is to be made first is the individual whose application is to be treated as made first in accordance with regulation 4.
5
Where—
a
having applied the rules in sub-paragraph (3) in accordance with sub-paragraph (2) it appears to the Scottish Ministers from information available to them that none of the circumstances described in rules (a) to (d) are true in the case of the individuals in question, or
b
the circumstances described in rule (a) of sub-paragraph (3) are true in the case of the individuals in question and one individual is a kinship carer for the child,
the Scottish Ministers must determine which of the individuals is entitled to the early years assistance having regard to the circumstances of the child.
SCHEDULE 2Pregnancy and baby grant
PART 1Eligibility
Eligibility1
An individual is eligible for a pregnancy and baby grant in respect of a child if—
a
the individual's application for the grant is made before the deadline set by paragraph 2 (see regulation 4 in relation to when an application is to be treated as made);
F4aa
the individual has not received, and is not due to receive, a sure start maternity grant in respect of the child,
b
no-one else has received, or is due to receive, a pregnancy and baby grant or sure start maternity grant in respect of the child (but see paragraph 3);
c
on the day the application is made the individual satisfies the residence requirement set by paragraph 4;
d
at least one of these statements is true on the day the application is made—
i
the individual is the person who—
aa
is, or has been, more than 24 weeks pregnant with the child; or
bb
gave birth to the child before or during the 24th week of the pregnancy;
ii
the individual is the partner of the person described by head (i);
iii
the person described by head (i) is a dependant of the individual or the individual's partner (or both of them);
iv
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;
e
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
f
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 M3.
Deadline for applying2
1
The deadline for an individual to apply for a pregnancy and baby grant in respect of a child is—
a
the end of the day that falls 6 months after the day the child is born if sub-paragraph (2) applies to the individual;
b
the end of the day before the child's first birthday if sub-paragraph (2) does not apply to the individual.
2
This sub-paragraph applies to—
a
the person who is, or has been, pregnant with the child; and
b
any individual who is, or has been during the period described by sub-paragraph (3)—
i
the partner of the person referred to in paragraph (a); or
ii
an individual, or the partner of an individual, for whom the person referred to in paragraph (a) is a dependant.
3
The period referred to in sub-paragraph (2)(b)—
i
begins on the first day of the 24th week of the pregnancy that resulted, or is to result, in the child's birth; and
ii
ends at the end of the day that falls 6 months after the day the child is born.
Exception to paragraph 1(b)3
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(b) is to be ignored in the circumstance described by sub-paragraphs (2) to (5).
2
An individual (“the first grant recipient”) has been, or is due to be, given in respect of the child—
a
a pregnancy and baby grant; or
b
a sure start maternity grant.
3
F30a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F5Since the first grant recipient applied for a pregnancy and baby grant or a sure start maternity grant in respect of the child F31... the applicant has not been—
a
the partner of the first grant recipient;
b
a dependant of the first grant recipient; or
c
an individual, or the partner of an individual, for whom the first grant recipient is a dependant.
F64A
On the day the applicant’s application for a pregnancy and baby grant in respect of the child is made, the child does not normally live with the first grant recipient.
5
On the day the applicant's application for a pregnancy and baby grant in respect of the child is made, no-one other than the first grant recipient has been, or is due to be, given a pregnancy and baby grant or a sure start maternity grant in respect of that child.
Residence requirement4
1
The residence requirement referred to in paragraph 1(c) 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(e)(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—
F11aa
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;
F21ab
a person who—
i
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;
F40ac
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 28th July 1951, as extended by article 1(2) of the Protocol relating to the status of refugees done at New York on 31st January 1967;
c
d
a person who has humanitarian protection granted under the rules made under section 3(2) of the Immigration Act 1971; or
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 M5; 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.
F223
In this paragraph, “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.
PART 2Assistance to be given
Value of grant5
The value of a pregnancy and baby grant is—
a
the basic amount determined in accordance with paragraph 6; and
b
any amount that falls to be added to the basic amount by way of a multiple pregnancy supplement (see paragraph 7).
The basic amount6
1
The basic amount is―
a
F16£606 if sub-paragraph (2) applies in relation to the child in respect of whom the grant is to be given; or
b
F17£303 if it does not.
2
This sub-paragraph applies in relation to the child (subject to sub-paragraph (3)) if, on the day the application for the grant is made—
a
there is no-one under 16 years of age living in the same household as the individual to whom the grant is to be given; or
b
if there is, that person is (or all of those persons are) one of the following:—
i
the child;
ii
a sibling of the child born as a result of the same pregnancy that resulted in the child's birth;
iii
a parent of the child;
iv
a sibling of a parent of the child;
v
a child for whom the individual is not responsible.
3
Where more than one child is born, or is to be born, as a result of the same pregnancy—
a
sub-paragraph (2) applies in relation to only one of the children; and
b
it is for the Scottish Ministers to decide which.
Multiple pregnancy supplement7
1
Subject to sub-paragraphs (2) and (3) a supplement of F18£303 is to be added to the basic amount in respect of a child born, or to be born, as a result of a multiple pregnancy.
2
The supplement is to be added to the grant in respect of only one of the children born, or to be born, as a result of the pregnancy, and it is for the Scottish Ministers to decide which child's grant to supplement.
3
No supplement is to be added if the individual to whom the grant is to be given—
a
has not applied for a pregnancy and baby grant in respect of all of the children born, or to be born, as a result of the pregnancy; or
b
is not eligible for a pregnancy and baby grant in respect of any of those children.
Form in which grant is given8
1
Subject to sub-paragraph (2), a pregnancy and baby grant is to be given as money.
2
If—
a
the Scottish Ministers offer to give an individual some or all of the value of a pregnancy and baby grant in a form other than money; and
b
the individual agrees to be given the grant in that form,
the grant is to be given in that form, unless the individual withdraws agreement before the grant is given.
PART 3Interpretation
Meaning of “child”, “birth” and “born”9
1
In this schedule, except in paragraph 1(d)(i)(bb)—
“child” includes still-born child;
“birth” includes still-birth and “born” is to be construed accordingly;
“still-born child” and “still-birth” have the meanings given in section 56(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 M6.
2
Sub-paragraph (1) also applies for the purpose of interpreting—
a
the definition of “application window” in regulation 5(5) (which relates to the nomination of a date on which an application for assistance is to be treated as having been made); and
b
paragraph 3 of schedule 1 (which describes circumstances in which a determination of entitlement is to be made by the Scottish Ministers without an application).
Meaning of “sure start maternity grant”10
In this schedule, “sure start maternity grant” means a payment under—
a
regulation 5(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 M7; or
b
regulation 5(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 M8.
F8SCHEDULE 3Early learning grant
PART 1Eligibility
Eligibility1
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)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
F34a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Residence requirement3
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 F12or the Isle of Man,
F13aa
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,
F23ab
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,
F42ac
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, F43...
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.
F243
In this paragraph “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.
PART 2Assistance to be given
Value of grant4
The value of an early learning grant is F19£252.50.
Form in which grant is given5
1
Subject to sub-paragraph (2), an early learning grant is to be given as money.
2
If—
a
the Scottish Ministers offer to give an individual some or all of the value of an early learning grant in a form other than money, and
b
the individual agrees to be given the grant in that form,
the grant is to be given in that form, unless the individual withdraws agreement before the grant is given.
F9SCHEDULE 4School-age grant
PART 1Eligibility
Eligibility1
An individual is eligible for a school-age grant in respect of a child if—
a
the individual’s application for the grant is made on or after 3 June 2019 (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 within the period described in paragraph 2,
c
no-one else has received, or is due to receive, a school-age grant in respect of the child (but see paragraph 3),
d
on the day the application is made the individual satisfies the residence requirement set by paragraph 4,
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.
Period within which application must be made2
1
The period referred to in paragraph 1(b)—
a
begins on 1 June in the relevant year, and
b
ends at the end of the last day of February in the following year.
2
In sub-paragraph (1), “the relevant year” means―
a
if the child’s birthday is in January or February, the calendar year in which the child’s 4th birthday falls,
b
otherwise, the calendar year in which the child’s 5th birthday falls.
Exception to paragraph 1(c)3
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 a school-age grant in respect of the child.
3
F37a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The applicant has not been the partner of the first grant recipient at any time since the first grant recipient applied for a school-age 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 a school-age 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 a school-age grant in respect of the child is made.
Residence requirement4
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 F14or the Isle of Man,
F15aa
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,
F25ab
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,
F44ac
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, F45...
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.
F263
In this paragraph “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.
PART 2Assistance to be given
Value of grant5
The value of a school-age grant is F20£252.50.
Form in which grant is given6
1
Subject to sub-paragraph (2), a school-age grant is to be given as money.
2
If—
a
the Scottish Ministers offer to give an individual some or all of the value of a school-age grant in a form other than money, and
b
the individual agrees to be given the grant in that form,
the grant is to be given in that form, unless the individual withdraws agreement before the grant is given.
Sch. 1 Pt. 3 inserted (23.12.2021) by The Best Start Grants and Scottish Child Payment (Miscellaneous Amendments) Regulations 2021 (S.S.I. 2021/494), regs. 1(1), 2