Contents
- 1 Citation and commencement
- 2 Amendment of the Council Tax (Discounts) (Scotland) Regulations 1992
- 3 Amendment of the National Assistance (Assessment of Resources) Regulations 1992
- 4 Amendment of the Advice and Assistance (Scotland) Regulations 1996
- 5 Amendment of the Education (Student Loans) Regulations 1998
- 6 Amendment of the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000
- 7 Amendment of the Repayment of Student Loans (Scotland) Regulations 2000
- 8 Amendment of the Civil Legal Aid (Scotland) Regulations 2002
- 9 Amendment of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003
- 10 Amendment of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003
- 11 Amendment of the National Bus Travel Concession Scheme for Older and Disabled Persons (Eligible Persons and Eligible Services) (Scotland) Order 2006
- 12 Amendment of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007
- 13 Amendment of the Council Tax Reduction (Scotland) Regulations 2012
- 14 Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012
- 15 Amendment of the Home Energy Assistance Scheme (Scotland) Regulations 2013
- 16 Amendment of the Children's Legal Assistance (Scotland) Regulations 2013
- 17 Amendment of the Scottish Parliament (Elections etc.) Order 2015
- 18 Amendment of the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020
- 19 Transitional provision – extinguishment of right to apply for Disability Living Allowance
1Citation and commencement#
These Regulations may be cited as the Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 and come into force on 26 July 2021.
2Amendment of the Council Tax (Discounts) (Scotland) Regulations 1992#
In regulation 2(3)(c) (care workers) of the Council Tax (Discounts) (Scotland) Regulations 1992 note—
(a)omit “or” after head (iii),
(b)after head (iiib), insert—“iiic the highest rate of the care component of child disability payment in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the highest rate of the care component of child disability payment, or”
3Amendment of the National Assistance (Assessment of Resources) Regulations 1992#
(1)The National Assistance (Assessment of Resources) Regulations 1992 note are amended in accordance with paragraphs (2) to (4).
(2)In regulation 2 (interpretation) —
(a)after the definition of “child benefit”, insert—““child disability payment” means disability assistance for children and young people given in accordance with the Child Disability Payment Regulations,“Child Disability Payment Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note,”
(b)after the definition of “severe disablement allowance”, insert—““short-term assistance” means assistance given in accordance with Part 1 of the schedule of the Child Disability Payment Regulations,”
(3)In paragraph 3 of schedule 2 (sums to be disregarded in the calculation of earnings) note—
(a)in sub-paragraph (2)(b)(i)—
(i)after “attendance allowance,” insert “ child disability payment, ”,
(ii)after “mobility supplement” for “or” substitute “ , ”, and
(iii)after “severe disablement allowance” insert “ or short-term assistance ”,
(b)before “; or” at the end of sub-paragraph (2)(b)(vi), insert—“, orvii would be in receipt of the care component of child disability payment had the amount of that component to which the individual is entitled not been reduced to £0 in accordance with regulation 17 (effect of admission to a care home on ongoing entitlement to care component) or regulation 20 (entitlement beginning while in alternative accommodation) of the Child Disability Payment Regulations due to the individual being resident in a care home for more than 28 days”
(c)after sub-paragraph (2), insert—“3 In sub-paragraph (2)(b)(vii), “care home” has the meaning given in regulation 2 of the Child Disability Payment Regulations.”
(4)In schedule 3 (sums to be disregarded in the calculation of income other than earnings) note—
(a)in paragraph 4, after “disability living allowance”, insert “ , the mobility component of child disability payment, any payment of short-term assistance where the “earlier determination” mentioned in paragraph 1(1)(a) of Part 1 of the schedule (short-term assistance) of the Child Disability Payment Regulations awarded the mobility component of child disability payment ”,
(b)in paragraph 6—
(i)omit “or” at the end of sub-paragraph (b),
(ii)after sub-paragraph (c), insert—“,d the care component of child disability payment, ore any payment of short-term assistance where the “earlier determination” mentioned in paragraph 1(1)(a) of Part 1 of the schedule (short-term assistance) of the Child Disability Payment Regulations awarded the care component of child disability payment.”
4Amendment of the Advice and Assistance (Scotland) Regulations 1996#
(1)The Advice and Assistance (Scotland) Regulations 1996 note are amended in accordance with paragraphs (2) and (3).
(2)In regulation 16 note (payment of fees and outlays from property recovered or preserved), after paragraph (2)(ca) insert—“cb to child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note or short-term assistance given in accordance with Part 1 of the schedule (short-term assistance) of those Regulations,”
(3)In schedule 2 note (assessment of disposable capital and disposable income), after paragraph 5(d)(a) insert—“aza child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note,azb short-term assistance given in accordance with Part 1 of the schedule of those Regulations,”
5Amendment of the Education (Student Loans) Regulations 1998#
In the definition of “disability related benefits” in paragraph 1 of schedule 2 (terms of loans) of the Education (Student Loans) Regulations 1998 note, after “2011,” insert “ child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note, short-term assistance given in accordance with Part 1 of the schedule (short-term assistance) of those Regulations, ”.
6Amendment of the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000#
(1)The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 note are amended in accordance with paragraphs (2) and (3).
(2)In regulation 4(2) note (description of disabled persons) after sub-paragraph (ac) insert—“ad receives the higher rate of the mobility component of child disability payment in accordance with regulation 13 (mobility requirements: higher rate mobility component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the higher rate of the mobility component of child disability payment,”
(3)In regulation 6(2)(b) note (fee for issue and period of issue of a badge)—
(a)in the opening words, after “4(2)(a)” insert “ , 4(2)(ad) ”,
(b)in head (ii) after “allowance” insert “ , the child disability payment, the short-term assistance ”.
7Amendment of the Repayment of Student Loans (Scotland) Regulations 2000#
In the definition of “disability related benefit” in regulation 2 (interpretation) of the Repayment of Student Loans (Scotland) Regulations 2000 note, after “2011” insert “ , child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note, short-term assistance given in accordance with Part 1 of the schedule (short-term assistance) of those Regulations ”.
8Amendment of the Civil Legal Aid (Scotland) Regulations 2002#
In paragraph 7 of schedule 2 (rules for computing disposable income) of the Civil Legal Aid (Scotland) Regulations 2002 note, after sub-paragraph (h) insert—“i child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note,j short-term assistance given in accordance with Part 1 of the schedule (short-term assistance) of those Regulations.”
9Amendment of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003#
In article 4 (the severely mentally impaired) of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 note, after paragraph (2)(d), insert—“da the highest or middle rate of the care component of child disability payment in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the highest or middle rate of the care component of child disability payment,”
10Amendment of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003#
In Table B in Part 2 of the schedule (calculation of requirements) of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 note, in column 2 of the entry which modifies the table in schedule 2 of the Income Support (General) Regulations 1987, in sub-paragraph (1)(b) of the substituted paragraph 13A, after head (ii) insert—“iia in receipt of the highest rate of the care component of child disability payment in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note (or would be in receipt of that component at that rate had the amount of that component to which the claimant is entitled not been reduced to £0 in accordance with regulation 17 (effect of admission to a care home on ongoing entitlement to care component) or regulation 20 (entitlement beginning while in alternative accommodation) of those Regulations, where the claimant is resident in a care home),iib in receipt of short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the highest rate of the care component of child disability payment,”
11Amendment of the National Bus Travel Concession Scheme for Older and Disabled Persons (Eligible Persons and Eligible Services) (Scotland) Order 2006#
(1)Article 3 (eligible persons) of the National Bus Travel Concession Scheme for Older and Disabled Persons (Eligible Persons and Eligible Services) (Scotland) Order 2006 note is amended in accordance with paragraphs (2) to (5).
(2)In paragraph (b), after sub-paragraph (iiia), insert—“iiib the higher rate of the mobility component of child disability payment in accordance with regulation 13 (mobility requirements: higher rate mobility component) of the Child Disability Payment Regulations, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the higher rate of the mobility component of child disability payment,iiic the highest or middle rate of the care component of child disability payment in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Child Disability Payment Regulations, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the highest or middle rate of the care component of child disability payment,”
(3)In paragraph (k)—
(a)omit “or” at the end of sub-paragraph (iv),
(b)after sub-paragraph (v) insert—“, orvi are in receipt of the highest or middle rate of the care component of child disability payment given in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Child Disability Payment Regulations, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the highest or middle rate of the care component of child disability payment,”
(4)In paragraph (m), after sub-paragraph (iii) insert—“iv is in receipt of the highest or middle rate of the care component of child disability payment in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Child Disability Payment Regulations, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the highest or middle rate of the care component”
(5)After article 3, insert—“3A 1 Article 3 is to be interpreted in accordance with paragraphs (2) and (3).2 References to “the Child Disability Payment Regulations” are to the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note.3 A person is to be regarded as being in receipt of a rate of the care component of child disability payment in accordance with the Child Disability Payment Regulations during any period in which the person would be in receipt of that rate were it not for—a regulation 17(2) (effect of admission to a care home on ongoing entitlement to care component) of those Regulations, orb regulation 20 (entitlement beginning while in alternative accommodation) of those Regulations, where the person is resident in a care home.”
12Amendment of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007#
In paragraph (6) of regulation 8 (additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or other disability) of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 note—
(a)omit “or” at the end of sub-paragraph (a), and
(b)after sub-paragraph (a) insert—“aa the applicant is in receipt of the higher rate of the mobility component of child disability payment (payable in accordance with regulation 13 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note), or short-term assistance (payable in accordance with Part 1 of the schedule (short-term assistance) of those Regulations) where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the higher rate of the mobility component of child disability payment because of the disability specified in the application and makes a statement to that effect in the application, or”
13Amendment of the Council Tax Reduction (Scotland) Regulations 2012#
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14Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012#
(1)The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 note are amended in accordance with paragraphs (2) to (9).
(2)In regulation 2(1) (interpretation), after the definition of “child benefit” insert—““child disability payment” means—a disability assistance for children and young people given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note (and references to the care component of that payment are to be construed in accordance with regulation 2 of those Regulations), andb where short-term assistance is being given under Part 1 of the schedule of those Regulations (short-term assistance), the “earlier determination” referred to in paragraph 1(1)(a) of that schedule is to be deemed to continue in payment for the purposes of these Regulations,”
(3)In regulation 27(1)(j) (meaning of “income”), after head (iii) insert—“iiia child disability payment,”
(4)In regulation 29 (treatment of child care charges)—
(b)in paragraph (14)(a), after “allowance” insert “ , child disability payment ”.
(5)In regulation 48 (non-dependant deductions)—
(a)in paragraph (6)(b)—
(i)omit “or” at the end of head (ii),
(iii)at the end of head (iia) insert “ or ”,
(b)in paragraph (9)(a), after “disability living allowance” insert “ , child disability payment ”.
(6)In Part 3 (disability premiums) of schedule 1 note (applicable amount)—
(a)in paragraph 6(2), after “the 1992 Act” insert “ , the care component of child disability payment at the highest or middle rate ”,
(b)in paragraph 7(2)(b)(ii), after “the 1992 Act” insert “ the care component of child disability payment at the highest or middle rate ”,
(c)in paragraph 8(1),—
(i)omit “or” at the end of head (a),
(ii)after head (b) insert—“, orc the care component of child disability payment at the highest rate is payable, or would be payable were it not for regulation 17(2) (effect of admission to a care home on ongoing entitlement to care component) or regulation 20 (entitlement beginning while in alternative accommodation), where the person is resident in a care home, of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, in respect of a child or young person who is a member of the applicant's family.”
(d)in paragraph 9(a), after “disability living allowance” insert “ , child disability payment ”.
(7)In schedule 2 note (sums to be disregarded in the calculation of earnings), in paragraph 5(1)(a), after head (v) insert—“va child disability payment,”
(8)In Part 1 (capital to be disregarded) of schedule 4 note (capital disregards), after paragraph 21(2)(e) insert—“ea child disability payment,”
(9)In schedule 5 note (amount of alternative maximum council tax reduction), in paragraph 2(a) after “disability living allowance” insert “ , child disability payment ”.
15Amendment of the Home Energy Assistance Scheme (Scotland) Regulations 2013#
(1)Regulation 6 (person eligible to apply for a grant) of the Home Energy Assistance Scheme (Scotland) Regulations 2013 note is amended in accordance with paragraphs (2) to (5).
(2)In paragraph (6)(a)—
(a)omit “or” at the end of head (ii),
(b)after head (ii) insert—“iia is or lives with a partner who is in receipt of the highest rate of the care component of child disability payment in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note or the higher rate of the mobility component of child disability payment in accordance with regulation 13 (mobility requirements: higher rate mobility component) of those Regulations, or”
(3)In paragraph (6)(b), after “personal independence payment” insert “ , child disability payment ”.
(4)In paragraph (8)(b), after “personal independence payment” insert “ , child disability payment ”.
(5)In paragraph (9), after sub-paragraph (d) insert—“da child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note,”
16Amendment of the Children's Legal Assistance (Scotland) Regulations 2013#
In paragraph 5 of schedule 1 (assessment of disposable income for the purposes of children's legal aid) of the Children's Legal Assistance (Scotland) Regulations 2013 note, after sub-paragraph (h) insert—“i child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note,j short-term assistance given in accordance with Part 1 of the schedule (short-term assistance) of those Regulations.”
17Amendment of the Scottish Parliament (Elections etc.) Order 2015#
In paragraph 5(6) of schedule 3 (absent voting) of the Scottish Parliament (Elections etc.) Order 2015 note—
(a)omit “or” at the end of head (a),
(b)after head (a) insert—“aa the application states that the applicant is in receipt of the higher rate of the mobility component of child disability payment (payable in accordance with regulation 13 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note), or short-term assistance (payable in accordance with Part 1 of the schedule (short-term assistance) of those Regulations) where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the higher rate of the mobility component of child disability payment because of the disability specified in the application, or”
18Amendment of the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020#
(1)The Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020 note 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 note”
(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, orii 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, orb 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, orbb Child Disability Payment,is made that is a backdated award, and”
19Transitional provision – extinguishment of right to apply for Disability Living Allowance#
(1)No person may claim disability living allowance who is under the age of 16 years and—
(a)during the initial period for applications for child disability payment, is resident in the local authority area of Perthshire and Kinross, City of Dundee or the Western Isles, or
(b)after the expiry of that period—
(i)is resident in Scotland, or
(ii)is a person to whom regulation 5(4) or (6) (residence and presence conditions – individuals resident in Ireland, members of Her Majesty's forces and civil servants) or regulation 9 (persons residing outside the United Kingdom to whom a relevant EU regulation applies) of the Child Disability Payment Regulations applies.
(2)Paragraph (1) does not apply to a person who has an award of disability living allowance which is of—
(a)both the mobility component and the care component and the award in respect of either or both is for a fixed term period, or
(b)one of those components only and the award is for a fixed term period,
if the person has been notified by the Secretary of State for Work and Pensions that, because the fixed term period is due to come to an end, the person needs to claim disability living allowance again, or to apply for a supersession of the award, if the person wishes to continue to be entitled to disability living allowance in respect of the component or components subject to the fixed term period.
(3)In this regulation—• “child disability payment” means disability assistance for children and young people given in accordance with the Child Disability Payment Regulations,• “Child Disability Payment Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021 note,• “disability living allowance” means a disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992 note,• “initial period for applications” means the period referred to in regulation 44 (transitory provision – initial period for applications) of the Child Disability Payment Regulations, beginning with 26 July 2021 and ending with 21 November 2021.
Contains public sector information licensed under the Open Government Licence v3.0.