These Regulations may be cited as the Disability Assistance for Children and Young People (Scotland) Regulations 2021 and come into force on 26 July 2021.

In these Regulations—

• “the 2018 Act” means the Social Security (Scotland) Act 2018,

• “armed forces independence payment” means the disability benefit paid in accordance with article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 20112,

• “authorised provider of vehicles” means a supplier of vehicles for persons with disabilities approved under an accreditation scheme run by the Scottish Ministers,

• “award” means that a determination has been made that an individual is entitled to be given assistance under section 24 of the 2018 Act in accordance with these Regulations, and cognate expressions are to be construed accordingly,

• “bodily functions” means the normal actions of any organ of the body, including the brain, or of a number of organs acting together,

• “care component” means the care component of Child Disability Payment within the meaning of regulation 11,

• “care home” means an establishment which provides a care home service as defined in paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 20103 and includes a residential educational establishment,

• “Child Disability Payment” means disability assistance for children and young people given in accordance with section 31 of the 2018 Act,

• “determination” or “determination of entitlement” has the meaning in section 25 of the 2018 Act,

• “Disability Living Allowance” means a disability living allowance under—

  1. a

     section 71 of the Social Security Contributions and Benefits Act 19924, or

  2. b

     section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 19925,

• “EEA State” means—

  1. a

     any member state of the European Union, or

  2. b

     any other state that is party to the agreement on the European Economic Area signed at Oporto on 2 May 19926, together with the Protocol adjusting that Agreement signed at Brussels on 17 March 19937, as modified or supplemented from time to time,

• “hospice” means a hospital or other institution whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages other than—

  1. a

     a health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 19788) in Scotland,

  2. b

     a health service hospital (within the meaning of section 275(1) of the National Health Service Act 20069) in England,

  3. c

     a hospital in Wales vested in—

     1. i

        an NHS trust,

     2. ii

        a Local Health Board, or

     3. iii

        the Welsh Ministers,

     for the purpose of functions under the National Health Service (Wales) Act 200610,

  4. d

     a hospital maintained or administered by the Defence Council11, or

  5. e

     an institution similar to a hospital mentioned in any of the preceding paragraphs,

• “legal detention” means detention in legal custody within the meaning of section 295 of the Criminal Procedure (Scotland) Act 199512 but does not include detention under—

  1. a

     section 59A13 of that Act, or

  2. b

     section 136 of the Mental Health (Care and Treatment) (Scotland) Act 200314, or

  3. c

     section 45A, 47 or 50(3) of the Mental Health Act 198315,

• “mobility component” means the mobility component of Child Disability Payment within the meaning of regulations 12 and 13,

• “personal independence payment” means personal independence payment under—

  1. a

     Part 4 of the Welfare Reform Act 201216, or

  2. b

     article 82 of the Welfare Reform (Northern Ireland) Order 201517,

• “qualifying services” means accommodation, board and personal care,

• “relevant EU Regulation” means—

  1. a

     one of the following Regulations—

     1. i

        Council Regulation (EC) No 1408/71 of 14 June 197118 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community,

     2. ii

        Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 200419 on the coordination of social security systems, or

  2. b

     in relation to an individual to whom the agreement constituted by the exchange of letters set out in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 197420 applies, a Regulation mentioned in paragraph (a) of this definition as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 201821,

• “residential educational establishment” means a care home which provides education or training except for one where the costs of any qualifying services are borne wholly or partly out of public or local funds by virtue of—

  1. a

     section 485 of the Education Act 199622, section 14 of the Education Act 200223 or section 73 of the Education (Scotland) Act 198024 (which relate to grants in aid of educational services),

  2. b

     sections 4925 or 73 of the Education (Scotland) Act 1980 (which relate respectively to the power of education authorities to assist persons to take advantage of educational facilities and the powers of the Secretary of State to make grants to education authorities and others),

  3. c

     section 6526 of the Further and Higher Education Act 1992, sections 39 or 40 of the Higher Education and Research Act 201727 or sections 4 or 11 of the Further and Higher Education (Scotland) Act 200528 (which relate respectively to the funding of further education and the administration of funds), or

  4. d

     section 22 of the Teaching and Higher Education Act 199829,

• “transferring individual” has the meaning set out in paragraph 7 of the schedule, and

• “week” means a period of 7 days.