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

Amendment of the National Assistance (Assessment of Resources) Regulations 1992

3.—(1) The National Assistance (Assessment of Resources) Regulations 1992(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2 (interpretation)(2)—

(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(3),”,

(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)(4)—

(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—

“, or

(vii) 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)(5)—

(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, or

(e) 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.”.

(1)

S.I. 1992/2977.

(2)

There are amendments to regulation 2 which are not relevant to these Regulations.

(3)

S.S.I. 2021/174.

(4)

As relevantly amended by S.I. 1993/2230 and S.I. 1995/858.

(5)

As relevantly amended by S.S.I. 2013/65.