SCHEDULE
PART 5Miscellaneous amendments
15
1
The Disability Assistance for Children and Young People (Scotland) Regulations64 are amended as follows.
2
In regulation 2 (interpretation - general) in the definition of “hospice” after paragraph (c) insert—
ca
a hospital or similar institution under the Health and Personal Social Services (Northern Ireland) Order 1972 or the health and Personal Services (Northern Ireland) Order 1991,
3
In paragraph 1 of the schedule (entitlement to short-term assistance)—
a
for sub-paragraph (1) substitute—
1
Subject to sub-paragraph (2) or (3), an individual who is, or was, entitled to Child Disability Payment under a determination made on the basis that the individual has ongoing entitlement is entitled to short-term assistance where—
a
that determination of the individual’s entitlement to Child Disability Payment (“the earlier determination”) has been superseded by—
i
a determination under section 37 (duty to make a determination) of the 2018 Act, or
ii
if the earlier determination is a determination—
aa
of an application for Child Disability Payment,
bb
without application of an individual’s entitlement to Child Disability Payment under paragraph 9 of this schedule (determination without application of entitlement to Child Disability Payment),
cc
without application of an individual’s entitlement to Child Disability Payment under regulation 35 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland),
a determination under section 43 (Scottish Ministers’ duty to re-determine) or section 49 (First-tier Tribunal’s power to determine entitlement on appeal) of the 2018 Act
b
as a result of—
i
the earlier determination being superseded as mentioned in sub-paragraph (1)(a), or
ii
a later determination under section 43 or section 49 of the 2018 Act in relation to the individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in sub-paragraph (1)(a)(i), or the earlier determination mentioned in sub-paragraph (1)(a)(ii), relates,
the individual—
iii
is no longer entitled to Child Disability Payment, or
iv
is entitled to less Child Disability Payment than they were under the earlier determination,
c
the individual’s entitlement to Child Disability Payment is under review within the meaning of—
i
paragraph 1(2) of schedule 10 of the 2018 Act, or
ii
sub-paragraph (1A), and
d
the individual—
i
continues to meet the conditions as to residence and presence set out in regulations 5 to 9A, or
ii
has transferred to become resident in another part of the United Kingdom, and the matter under review is the determination of entitlement for the 13-week period beginning in accordance with regulation 36 (individuals in respect of whom Child Disability Payment is paid at the time of moving to another part of the United Kingdom).
b
in sub-paragraph (1A) for “(1)(b)(ii)” substitute “(1)(c)(ii)”
,
c
in sub-paragraph (1A)(a) for “subsequent determination of the individual’s entitlement to Child Disability Payment mentioned in paragraph 1(1)(a)” substitute “individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in sub-paragraph (1)(a)(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates”
,
d
in sub-paragraph (1C) for “the subsequent determination of the individual’s entitlement to Child Disability Payment mentioned in sub-paragraph (1)(a)” substitute “the individuals’ entitlement to Child Disability Payment for the period to which the determination mentioned in sub-paragraph (1)(a)(i) relates”
,
e
in sub-paragraph (1C) for “subsequent determination” as it appears in the second instance substitute “individual’s entitlement to Child Disability Payment for the period to which the determination mentioned in sub-paragraph (1)(a)(i) relates”
,
f
in sub-paragraphs (4)(a) to (e), after “Payment” insert “for the period to which the determination”
,
g
in sub-paragraphs (4)(a) and (c), after “(1)(a)” insert “(i) relates”
,
h
in sub-paragraphs (4)(b) and (d), for “the determination” as it appears in the first instance substitute “a determination”
,
i
in sub-paragraphs (4)(b), (d) and (e) after “(1)(a)” insert “(i) or the earlier determination mentioned in sub-paragraph (1)(a)(ii) relates”
,
j
in sub-paragraph (4)(e), for “the subsequent” substitute “a”
and for “make a determination of” substitute “make a decision about”
,
k
After sub-paragraph (5) insert—
6
In this part of the schedule “the earlier determination” has the meaning given in sub-paragraph (1)(a).
4
In paragraph 2 of the schedule (value and form) for sub-paragraph (1) substitute—
1
The value of short-term assistance payable for any period is equal to V1-V2 where—
a
V1 is the value of the Child Disability Payment the individual would have been given in respect of the period under the earlier determination had the earlier determination not been superseded, and
b
V2 is the value of the Child Disability Payment that the individual is to be given in respect of the period under what is, at the time the individual becomes eligible for short-term assistance in respect of the period, the most recent determination of the individual’s entitlement to Child Disability Payment.
5
In paragraph 3 of the schedule (end of entitlement)—
a
in sub-paragraph (1)(c) omit “the subsequent determination of”,
b
in sub-paragraphs (1)(c), (d) and (e),
i
after “Payment” insert “for the period to which the determination”
,
ii
after “1(1)(a)” insert “(i) or the earlier determination mentioned in paragraph 1(1)(a)(ii) relates,
c
in sub-paragraphs (1)(d) and (e), for “the subsequent” substitute “a”
.