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There are currently no known outstanding effects for the The Disability Assistance for Children and Young People (Scotland) Regulations 2021, PART 10.
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38.—(1) Where—
(a)an individual is entitled to the higher rate of the mobility component of Child Disability Payment, and
(b)the individual has entered into an agreement with an authorised provider of vehicles for persons with disabilities for the hire or hire-purchase of a vehicle,
the Scottish Ministers may, with the consent of the individual, pay that component (in whole or in part) to the provider to be used to meet, or contribute towards meeting, the individual’s liability under the agreement.
(2) The Scottish Ministers must cease to make payments to the provider in accordance with paragraph (1) in the event that—
(a)the agreement is brought to an end in accordance with the terms of the agreement, or
(b)the individual withdraws their consent.
39.—(1) Where a person (an “appointee”) is appointed by the Scottish Ministers under the 2018 Act to act on an individual’s behalf in connection with the determination of the individual’s entitlement to assistance under section 24 of the 2018 Act (duty to give assistance), in addition to the powers conferred on the appointee by that Act the appointee can, on behalf of the individual—
(a)enter into an agreement with an authorised provider of vehicles for the hire or hire-purchase of a vehicle,
(b)terminate any such agreement,
(c)for the purpose of regulation 38(1), give consent to the Scottish Ministers to pay (in whole or in part) the mobility component to which the individual is entitled to the provider, and
(d)withdraw any such consent.
(2) An appointee may exercise the powers conferred by paragraph (1)(b) and (d) whether the agreement was entered into, or the consent given, by the appointee or by any other person.
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