The Disability Assistance for Children and Young People (Scotland) Regulations 2021 and the Scottish Child Payment Regulations 2020 (Miscellaneous Amendments) Regulations 2022: SCoSS scrutiny report

Annex A - Extracts from draft Regulations

The Disability Assistance for Children and Young People (Scotland) Regulations 2021 and the Scottish Child Payment Regulations 2020 (Miscellaneous Amendments) Regulations 2022.

Amendment of the Disability Assistance for Children and Young People (Scotland) Regulations 2021

2.—(1) The Disability Assistance for Children and Young People (Scotland) Regulations 2021 are amended in accordance with paragraphs (2) to (7).

[paragraph (2)]

(3) In regulation 5 (residence and presence conditions)—

(a) For paragraph (10) substitute—

(10) The past presence condition in paragraph (1)(e) does not apply where an individual—

(a) has a terminal illness within the meaning of regulation 15, or

(b) is an individual described in paragraph (7).,

(b) in paragraph (10A)—

(i) at the end of sub-paragraph (b) omit “or”,

(ii) after sub-paragraph (c) insert—

(d) been granted refugee status or humanitarian protection under the immigration rules, or

(e) leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.,

(c) in paragraph (11) for “paragraphs (10) and (10A)” substitute “paragraph (10A)”.

(4) In regulation 24 (when an application is to be treated as made and beginning of entitlement to assistance) omit paragraph (2)(a)(iii).

Amendment of the Scottish Child Payment Regulations 2020

3. —(1) The Scottish. Child Payment Regulations 2020(^[14]) are amended in accordance with paragraphs (2) to (5).

[paragraphs (2) to (3)]

(4) In paragraph 16(2) of the schedule (duty to re-determine and period allowed)—

(a) at the end of sub-paragraph (a) omit “or”,

(b) at the end of sub-paragraph (b) insert—

, or

(c) in a case where the Scottish Ministers have informed the individual of their decision that the request for a re-determination was not made in such form as the Scottish Ministers require, the day on which it is subsequently decided by the First-Tier Tribunal for Scotland that the individual in question has made the request in such form as the Scottish Ministers require..