The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021

Amendment of the National Bus Travel Concession Scheme for Older and Disabled Persons (Eligible Persons and Eligible Services) (Scotland) Order 2006

11.—(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(1) 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—

“, or

(vi) 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(2).

(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, or

(b) regulation 20 (entitlement beginning while in alternative accommodation) of those Regulations, where the person is resident in a care home.”.

(1)

S.S.I. 2006/117, relevantly amended by S.S.I. 2013/65 and S.S.I. 2021/175.

(2)

S.S.I. 2021/174.