The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 No. 786

Article 14

SCHEDULE 7 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006: general

1.  The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

Amendment of regulation 2 (interpretation)

2.  In regulation 2(1)—

(a) after the definition of “child”, insert—

““child disability payment” has the meaning given in regulation 2 of the DACYP Regulations;”;

(b) in the definition of “child who cannot share a bedroom”, for paragraph (a) substitute—

“(a) who is entitled to—

(i) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or

(ii) the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations; and”;

(c) after the definition of “Crown tenant”, insert—

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

(d) in the definition of “member of a couple who cannot share a bedroom”, in paragraph (a), after sub-paragraph (ii), insert—

“(iia) the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;”;

(e) in the definition of “person who requires overnight care”, in paragraph (a)—

(i) after sub-paragraph (ii), insert—

“(iiza) is in receipt of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;”;

(ii) in sub-paragraph (iii), after “(iia)” insert “, (iiza)”.

Amendment of regulation 31 (treatment of child care charges)

3.  In regulation 31(13), after sub-paragraph (a), insert—

“(aa) in respect of whom child disability payment is payable;”.

Amendment of regulation 55 (non-dependant deductions)

4.  In regulation 55(10)(a), after “disability living allowance” insert “, child disability payment”.

Amendment of Part 3 of Schedule 3 (applicable amounts: premiums)

5.—(1) Part 3 of Schedule 3 is amended as follows.

(2) In paragraph 5(2)(b), after “the Act”, insert “or the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations”.

(3) In paragraph 7(1), after paragraph (a), insert—

“(aa) the care component of child disability payment is payable at the highest rate in accordance with regulation 11(5) of the DACYP Regulations in respect of a member of the claimant’s family; or”.

(4) In paragraph 8, after sub-paragraph (a), insert—

“(aa) is in receipt of child disability payment; or”.