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The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021

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Amendment of regulation 2 (interpretation)

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2.  In regulation 2(1)—

(a)after the definition of “child”, insert—

child disability payment” has the meaning given in regulation 2 of the DACYP Regulations;;

(b)in the definition of “child who cannot share a bedroom”, for paragraph (a) substitute—

(a)who is entitled to—

(i)the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or

(ii)the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations; and;

(c)after the definition of “Crown tenant”, insert—

the DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021;;

(d)in the definition of “member of a couple who cannot share a bedroom”, after paragraph (a)(ii), insert—

(iia)the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;;

(e)in the definition of “person who requires overnight care”, in paragraph (a)—

(i)after sub-paragraph (ii), insert—

(iiza)is in receipt of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;;

(ii)in sub-paragraph (iii), after “(ii)” insert “, (iiza)”.

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