Amendment of the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020I118

1

The Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020 M1 are amended in accordance with paragraphs (2) to (4).

2

In regulation 2 (interpretation)—

a

after the definition of “the 2018 Act”, insert—

“the 2021 Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021 M2

b

after the definition of “child”, insert—

“Child Disability Payment” means disability assistance for children and young people given in accordance with the 2021 Regulations,

3

In regulation 4 (eligibility rules for child winter heating assistance)—

a

for paragraph (1)(b) substitute—

b

entitled to receive payment of the highest rate of the care component of—

i

Disability Living Allowance, or

ii

Child Disability Payment, and

b

in paragraph (2), for “paragraph (1)(b)” substitute “ paragraph (1)(b)(i) ”, and

c

after paragraph (2), insert—

3

For the purposes of the rule in paragraph (1)(b)(ii), an individual is to be treated as being entitled to receive payment even if, throughout the qualifying week—

a

regulation 17(2) (effect of admission to a care home on ongoing entitlement to care component) of the 2021 Regulations applies to the individual, or

b

regulation 20 (entitlement beginning while in alternative accommodation) of the 2021 Regulations applies to the individual due to the individual being resident in a care home.

4

In paragraph (3), “care home” has the meaning given in regulation 2 of the 2021 Regulations.

4

In regulation 8(b) (determination following backdated award of assistance), for sub-paragraph (i) substitute—

i

following an appeal, an award of the highest rate of the care component of—

aa

Disability Living Allowance, or

bb

Child Disability Payment,

is made that is a backdated award, and