- Latest available (Revised)
- Point in Time (09/02/2022)
- Original (As made)
Version Superseded: 14/11/2022
Point in time view as at 09/02/2022.
There are currently no known outstanding effects for the The Scottish Child Payment Regulations 2020, Cross Heading: Expressions about inter-personal relationships.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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
I1Reg. 9 in force at 9.11.2020, see reg. 2
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
I2Reg. 10 in force at 9.11.2020, see reg. 2
Marginal Citations
M2Section 39 is amended by S.I. 2014/3229 and S.I. 2019/1458.
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
I3Reg. 11 in force at 9.11.2020, see reg. 2
Marginal Citations
M41995 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.
M51989 c.41. Section 105(4) is substituted by S.I. 2016/413.
M6S.I. 1995/755 (N.I. 2). Article 25 is amended by the Children (Leaving Care) Act (Northern Ireland) 2002 (c.11), section 2(1).
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
I4Reg. 12 in force at 9.11.2020, see reg. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: