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

SCHEDULE 9 Amendment of the Employment and Support Allowance Regulations 2008

Amendment of regulation 158 (meaning of “person in hardship”)

4.—(1) Regulation 158 is amended as follows.

(2) In paragraph (3)—

(a) in sub-paragraph (c), after “disability living allowance”, insert “, child disability payment”;

(b) in sub-paragraph (d)(ii), after “disability living allowance”, insert “, child disability payment”.

(3) For paragraph (7), substitute—

“(7) In this regulation, “care component” means—

(a) the care component of disability living allowance at the highest or middle rate prescribed under section 72(3) of the Contributions and Benefits Act; or

(b) the care component of child disability payment at the highest or middle rate provided for in regulation 11(5) of the DACYP Regulations.”.