- Latest available (Revised)
- Point in Time (14/11/2022)
- Original (As made)
The Disability Assistance for Children and Young People (Scotland) Regulations 2021
You are here:
- Scottish Statutory Instruments
- 2021 No. 174
- PART 3
- Regulation 4
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes over time for: Section 4
Version Superseded: 20/11/2023
Alternative versions:
- 26/07/2021- Amendment
- 22/11/2021- Amendment
- 14/11/2022
Point in time - 20/11/2023- Amendment
Status:
Point in time view as at 14/11/2022. This version of this provision has been superseded.
Status
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Disability Assistance for Children and Young People (Scotland) Regulations 2021. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Age criteriaS
This section has no associated Policy Notes
4.—(1) Subject to [F1paragraph (1A), (1B) and (2)], Child Disability Payment may be paid in respect of an individual who is aged at least 3 months and is under the age of 18 years.
[F2(1A) Where regulation 15 (entitlement under special rules for terminal illness) applies, the requirement in paragraph (1) to be aged at least 3 months does not apply.
(1B) Child Disability Payment may continue to be paid in respect of an individual who is over the age of 17 years—
(a)where they are an individual to whom regulation 15 (entitlement under special rules for terminal illness) applies,
(b)until the age of 19 years where—
(i)the individual is awaiting a determination of their entitlement to disability assistance for working age people under regulations made under section 31 of the 2018 Act,
(ii)they are an individual mentioned in regulation 35 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland), or
(iii)they are a transferring individual in terms of Part 3 of the schedule.]
(2) [F3Where an individual’s entitlement to Child Disability Payment is first determined on the basis of an application made in accordance with section 38 of the 2018 Act,] Child Disability Payment may only be paid in respect of an individual who is under the age of 16 years on the day on which entitlement begins in accordance with regulation 24 (when an application is to be treated as made and beginning of entitlement to assistance).
(3) Where an individual was born on 29 February, the individual’s birthday is to be taken to fall on 28 February in a year which is not a leap year.
Textual Amendments
F1Words in reg. 4(1) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 4(a)
F2Reg. 4(1A)(1B) inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 4(b)
F3Words in reg. 4(2) inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 4(c)
Commencement Information
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
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.
See additional information alongside the content
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
Policy Note
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.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
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.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.