- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
24.—(1) An application for Child Disability Payment is to be treated as made—
(a)on the day it is received by the Scottish Ministers, or
(b)if applicable, on the day identified by the Scottish Ministers in accordance with paragraph (2).
(2) If, before making a determination on the basis of an application, the Scottish Ministers consider that the individual in respect of whom the application is made—
(a)would not satisfy the requirement in—
(i)regulation 4 (age criteria),
(ii)regulations 5 to 9 (residence and presence conditions etc.),
(iii)regulation 10 (entitlement to other benefits),
(iv)regulation 11 (care component criterion: lowest, middle or highest rate of care component),
(v)regulation 12 (mobility requirements: lower rate mobility component),
(vi)regulation 13 (mobility requirements: higher rate mobility component), or
(vii)regulation 16 (entitlement to care component when undergoing dialysis),
if the application were treated as made on the day it was received, and
(b)would likely be entitled to receive Child Disability Payment if those requirements were satisfied within a 13-week period beginning on the day it was received,
the Scottish Ministers may choose the date within that 13 week period on which the application is to be treated as having been made.
(3) Where, on the basis of an application, a determination is made that an individual is entitled to Child Disability Payment, the date on which entitlement begins is to be identified in accordance with paragraphs (4) to (6).
(4) Where an application is made within 6 weeks of the day on which the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers for the purpose of an application for Child Disability Payment, entitlement begins on whichever is the later of the day—
(a)on which the required data was submitted, or
(b)identified in accordance with paragraph (2).
(5) Subject to paragraph (6), where an application is made after the 6 week period described in paragraph (4), entitlement begins on the day on which the application is treated as having been made in accordance with paragraph (1).
(6) Where the Scottish Ministers are satisfied that there is good reason why an application was made after the 6 week period described in paragraph (4), they may treat the application as having been made within that period.
(7) For the purposes of section 38(3) (application for assistance) of the 2018 Act, the period covered by an application for Child Disability Payment—
(a)under paragraph (1)(a)—
(i)begins on the day on which the application is treated as having been made, and
(ii)ends on the day on which the determination of entitlement is made, and
(b)under paragraph (1)(b)—
(i)is deemed to begin on the day before the determination is made provided that the requirements are satisfied, and
(ii)ends on the day on which the determination is made.
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.
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:
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: