The Scottish Child Payment Regulations 2020 No. 351

PART 2 S Interpretation

Expressions about inter-personal relationships S

Meaning of being responsible for a child S

9.  An individual is to be regarded as responsible for a child on a day only if at least one or more of the following statements is true—

(a) the child is a dependant of the individual on that day,

(b) the child is a dependant of the individual's partner on that day.

Commencement Information

I1 Reg. 9 in force at 9.11.2020, see reg. 2

Meaning of “partner” S

10.  A person (“A”) is the partner of another person (“B”) on a day only if, on that day, A and B would be regarded as a couple for the purposes of Part 1 of the Welfare Reform Act 2012 M1 (see section 39 of that Act M2 ).

Commencement Information

I2 Reg. 10 in force at 9.11.2020, see reg. 2

Marginal Citations

M1 2012 c.5.

M2 Section 39 is amended by S.I. 2014/3229 and S.I. 2019/1458.

Meaning of “kinship carer” S

11.  A person is a kinship carer for a child on a day if—

(a) the person is a qualifying person in relation to the child within the meaning of section 72(2) of the Children and Young People (Scotland) Act 2014 M3 , and

(b) on that day, the child lives with the person (exclusively or predominantly) under the terms of—

(i) a kinship care order as defined in section 72(1) of the Children and Young People (Scotland) Act 2014, or

(ii) an agreement between the person, the person's partner or both of them and—

(aa) a local authority by which the child is looked after within the meaning of section 17(6) of the Children (Scotland) Act 1995 M4 ,

(bb) a local authority in England or Wales by which the child is looked after within the meaning of section 105(4) of the Children Act 1989 M5 , or

(cc) an authority in Northern Ireland by which the child is looked after within the meaning of article 25 of the Children (Northern Ireland) Order 1995 M6 .

Commencement Information

I3 Reg. 11 in force at 9.11.2020, see reg. 2

Marginal Citations

M3 2014 asp 8.

M4 1995 c.36. Section 17(6) is amended by the Adoption and Children (Scotland) Act 2007 (asp 4), schedule 2, paragraph 9(4), the Children's Hearings (Scotland) Act 2011 (asp 1), schedule 5, paragraph 2(4) and S.S.I. 2013/211.

M5 1989 c.41. Section 105(4) is substituted by S.I. 2016/413.

M6 S.I. 1995/755 (N.I. 2). Article 25 is amended by the Children (Leaving Care) Act (Northern Ireland) 2002 (c.11), section 2(1).

Meaning of “dependant” S

12.—(1) A child is to be regarded as a dependant of a person on a day only if—

(a) paragraph (2) applies, or

(b) on that day the person is a kinship carer for the child.

(2) This paragraph applies if—

(a) the person has been awarded—

(i) child tax credit, child benefit or state pension credit for the day in question (or for a period that includes that day), or

(ii) universal credit for an assessment period that includes the day in question, and

(b) the child is recognised to be a child for whom the person has responsibility in terms of that award of assistance.

(3) It is immaterial for the purpose of this regulation that the award of assistance to that person referred to in paragraph (2) does not include any amount in respect of the child due to a rule that restricts the number of dependants in respect of whom the person can be given that type of assistance.

Commencement Information

I4 Reg. 12 in force at 9.11.2020, see reg. 2