EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make ancillary provision in connection with the amendments made by the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (“the principal Regulations”) to the Scottish Child Payment Regulations 2020 (“the 2020 Regulations”). These Regulations come into force on 14 November 2022, on the same date as the principal Regulations.

Regulation 2 amends regulation 19 (ongoing entitlement) of the 2020 Regulations in consequence of the provision made by regulation 4(4) of the principal Regulations.

Regulation 3 makes saving provision so that in certain circumstances paragraph 12 of the schedule of the 2020 Regulations continues to have effect on and after 14 November as it applied immediately before that date.

Regulation 4 makes transitional provision so that Scottish Ministers must make a determination of an individual’s entitlement where, on 14 November 2022, the individual has ongoing entitlement in accordance with regulation 19(1) of the 2020 Regulations until the age of 6. The determination is to be made on the assumption that the individual continues to be entitled to Scottish Child Payment and has an ongoing entitlement until age 16 on the basis described by regulation 19(2) of the 2020 Regulations, as amended by these Regulations.