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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (“the Principal Regulations”). The Regulations come into force on 22 November 2021.

Regulation 3 amends regulation 2 of the Principal Regulations to amend the definitions of “legal detention” and “residential educational establishment”.

Regulations 4, 5 and 6 make amendments to eligibility rules for the assistance in Part 1 of the Principal Regulations. The amendments are in relation to age criteria and residence and presence conditions.

Regulations 7 and 8 make amendments to regulations 11 and 13 of the Principal Regulations in relation to care component criterion and mobility requirements.

Regulation 9 amends regulation 15 of the Principal Regulations to clarify that the reduction will be the difference between the different levels of entitlement rather than payment.

Regulations 10, 11 and 12 make amendments to Part 5 of the Principal Regulations in relation to effect of time spent in care homes and in legal detention. The amendments clarify that payment of the care component will stop on the day after the 28th day where an individual becomes resident in a care home or is in legal detention. The amendment to regulation 18 of the Principal Regulations clarifies that for the purposes of this regulation, an individual is to be treated as though they are not in legal detention on any day on which they are an in-patient in a hospital or hospice.

Regulations 13 and 14 make amendments to regulations 28 and 29 of the Principal Regulations to clarify when an increase in level of entitlement takes effect and when a decrease in level or cessation of entitlement takes effect.

Regulation 15 amends regulation 31 of the Principal Regulations to provide that the Scottish Ministers are to make a determination of an individual’s entitlement to Child Disability Payment, without receiving an application, where they become aware that a determination was made in ignorance of a material fact. It also extends the list of decisions that may alter the rate of award of Disability Living Allowance listed in regulation 31(d).

Regulations 16 and 17 make amendments to Part 8 of the Principal Regulations in relation to movement of individuals between Scotland and the rest of the United Kingdom. The amendments make provision for where an individual does not notify the Scottish Ministers of their move. The amendments clarify when entitlement to Child Disability Payment ceases for individuals in respect of whom Child Disability Payment is paid at the time of moving to another part of the United Kingdom.

Regulation 18 amends regulation 37 of the Principal Regulations to clarify when the period for re-determination begins in a case where the First-tier Tribunal has decided that a request for re-determination has been validly made.

Regulation 19 amends Part 1 of the schedule of the Principal Regulations to extend the scenarios where short-term assistance is payable, clarifies which determination terminates short-term assistance and provides that the periods in respect of a re-determination request set out in regulation 37 applies to short-term assistance in the same way as it applies to Child Disability Payment. It also makes other minor and consequential amendments.

Regulation 20 amends Part 3 of the schedule of the Principal Regulations to make miscellaneous amendments in relation to case transfer provisions.

A Business and Regulatory Impact Assessment has been prepared in relation to these Regulations and placed in the Scottish Parliament Information Centre. Copies are available on line at www.legislation.gov.uk.