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

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PART 3SEligibility

Age criteriaS

4.—(1) Subject to [F1paragraph (1A), (1B) [F2, (1C)] and (2)], Child Disability Payment may be paid in respect of an individual who is aged at least 3 months and is under the age of 18 years.

[F3(1A) Where regulation 15 (entitlement under special rules for terminal illness) applies, the requirement in paragraph (1) to be aged at least 3 months does not apply.]

[F4(1B) Child Disability Payment may continue to be paid in respect of an individual who is over the age of 17 years—

(a)where they are an individual to whom regulation 15 (entitlement under special rules for terminal illness) applies,

(b)until the age of 19 years where the individual is a transferring individual in terms of Part 3 of the schedule, and reaches the age of 18 on or before 31 December 2023, except where paragraph (1C) applies,

(c)until the age of 19 years where they are an individual mentioned in regulation 35 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to Scotland) who reaches the age of 18 on or before 31 December 2023, except where paragraph (1C) applies,

(d)where the individual does not fall within sub-paragraph (a), (b) or (c) and—

(i)they are awaiting a determination of their entitlement to Adult Disability Payment, or

(ii)a determination has been made that the individual is entitled to Adult Disability Payment but payment has not begun,

until the age of 19 years, or the individual becomes entitled to Adult Disability Payment in accordance with regulation 58(2)(a) of the ADP Regulations, whichever is earlier.

(1C) Where an individual falls within paragraph (1B)(b) or (c) and—

(a)a determination of their entitlement to Adult Disability Payment is made within the period of 4 weeks before the date on which the individual reaches the age of 19, and

(b)that determination is that the individual is entitled to Adult Disability Payment,

Child Disability Payment may continue to be paid in respect of the individual after they reach the age of 19 until the day before the day on which the individual becomes entitled to Adult Disability Payment in accordance with regulation 58(2)(a) of the ADP Regulations.]

(2) [F5Where an individual’s entitlement to Child Disability Payment is first determined on the basis of an application made in accordance with section 38 of the 2018 Act,] Child Disability Payment may only be paid in respect of an individual who is under the age of 16 years on the day on which entitlement begins in accordance with regulation 24 (when an application is to be treated as made and beginning of entitlement to assistance).

(3) Where an individual was born on 29 February, the individual’s birthday is to be taken to fall on 28 February in a year which is not a leap year.

Textual Amendments

Commencement Information

I1Reg. 4 in force at 26.7.2021, see reg. 1

Residence and presence conditionsS

5.—(1) An individual satisfies the residence and presence conditions where on any day that individual—

(a)is ordinarily resident in Scotland,

(b)is habitually resident in the common travel area,

[F6(c)is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999,]

(d)is present in the common travel area, and

(e)has been present in the common travel area for a period of, or for periods amounting in the aggregate to, not less than 26 weeks in the 52 weeks immediately preceding that day.

(2) In the case of a child under the age of 6 months, paragraph (1) is to apply as if in sub-paragraph (e) for the reference to 26 weeks there was substituted a reference to 13 weeks.

(3) Where in any particular case a child has by virtue of paragraph (2) entitlement to the care component immediately before the day the child attains the age of 6 months, then until the child attains the age of 12 months, paragraph (1)(e) shall continue to apply in that child’s case as if for the reference to 26 weeks there was substituted a reference to 13 weeks.

(4) The residence condition set out in paragraph (1)(a) does not apply in relation to the care component where on any day the individual—

(a)is habitually resident in Ireland,

(b)has a genuine and sufficient link to Scotland, and

(c)is an individual—

(i)to whom the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland signed at Dublin on 1 February 2019(1), as modified from time to time in accordance with any provision of it, applies, and

(ii)in respect of whom the United Kingdom is, as a result, competent for payment of long term care benefits.

(5) The reference in paragraph (4)(b) to an individual’s link to Scotland being sufficient is to it being sufficiently close that if the individual were not entitled to Child Disability Payment, paragraph (4) would be incompatible with Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland signed at Dublin on 1 February 2019.

[F7(5A) Paragraph (1)(c) does not apply to a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 where they are a person who—

(a)is lawfully working in the United Kingdom and is a national of a state with which the United Kingdom has concluded an agreement which replaces in whole or in part an agreement under Article 217 of the Treaty on the Functioning of the European Union which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory state and their families,

(b)is a member of the family of, and living with, a person specified in sub-paragraph (a), or

(c)has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules, to be responsible for their maintenance and accommodation.]

(6) A relevant individual is treated as satisfying the residence and presence conditions set out in paragraph (1)(a), [F8(b) and (d)] where on any day that individual is outside the common travel area—

(a)by reason of their capacity mentioned in paragraph (7)(b) provided that individual satisfied the residence and presence conditions set out in paragraph (1)(a), [F8(b) and (d)] immediately prior to the start of their employment mentioned in paragraph (7)(b), or

(b)by reason of being a person mentioned in paragraph (7)(a) living with an individual to whom sub-paragraph (a) applies.

(7) A “relevant individual” in paragraph (6) means an individual who is—

(a)living with a person mentioned in sub-paragraph (b) and—

(i)is the child, step-child or a child in care of that person, or

(ii)is married to or in a civil partnership with that person, or is living together with that person as if they were married or in a civil partnership, or

(b)outside the common travel area in their capacity as a—

(i)serving member of Her Majesty’s forces, or

(ii)civil servant.

(8) An individual is to be treated as meeting the presence conditions set out in paragraphs (1)(d) and (e) for any period where that individual is—

(a)outside the common travel area in their capacity as an aircraft worker or mariner, or

(b)in employment prescribed for the purposes of section 120 (employment at sea (continental shelf operations)) of the Social Security Contributions and Benefits Act 1992(2) in connection with continental shelf operations.

(9) Where an individual—

(a)does not meet [F9either or both of the presence conditions] set out in paragraph [F10(1)(d) and (e)] on the date the application is received by the Scottish Ministers, and

(b)appears to the Scottish Ministers likely to meet [F11both of those conditions], unless there is a change of circumstances, on a date not later than 3 months after the application was received,

the Scottish Ministers may choose the date within that 3 month period on which the application is to be treated as being made.

[F12(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).]

[F13(10A) The habitual residence condition in paragraph (1)(b) and the past presence condition in paragraph (1)(e) do not apply where an individual—

(a)has leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—

(i)the Afghan Relocations and Assistance Policy, or

(ii)the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),

(b)has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (a); F14...

(c)has leave granted under the Afghan Citizens Resettlement Scheme.

[F15(d)has been granted refugee status or humanitarian protection under the immigration rules, F16...

(e)has 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] F17[F18...

(f)has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, [F19has a right] of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 F20 [F21or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act], where the individual—

(i)was residing in Ukraine immediately before 1 January 2022, and

(ii)left Ukraine in connection with the Russian invasion which took place on 24 February 2022]][F22, [F23or]

(g)has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the individual—

(i)was residing in Sudan before 15 April 2023, and

(ii)left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan][F24, or

(h)has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the individual—

(i)was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and

(ii)left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack]

[F25(11) For the purposes of [F26paragraph (10A)] —

(a)“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,

(b)“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.]

Textual Amendments

F201971 c. 77. Section 2 was amended by section 39(2) of the British Nationality Act 1981 (c. 61) and S.I. 2019/745.

Commencement Information

I2Reg. 5 in force at 26.7.2021, see reg. 1

Interpretation - residence and presence conditionsS

6.  In regulation 5—

“aircraft worker” means a person who is, or has been, employed under a contract of service either as a pilot, commander, navigator or other member of the crew of any aircraft, or in any other capacity on board any aircraft where—

(a)

the employment in that other capacity is for the purposes of the aircraft or its crew or of any passengers or cargo or mails carried on that aircraft, and

(b)

the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the aircraft is in flight,

but does not include a person in so far as that employment is as a serving member of Her Majesty’s forces,

“child in care” means—

(a)

under the law of Scotland, a child in respect of whom a relevant individual listed in regulation [F275(7)(b)] —

(i)

is a foster carer within the meaning of regulation 2 of the Looked After Children (Scotland) Regulations 2009(3),

(ii)

is a kinship carer within the meaning of regulation 2 of the Looked After Children (Scotland) Regulations 2009,

(iii)

has a kinship care order within the meaning of section 72 of the Children and Young People (Scotland) Act 2014(4), or

(b)

under the law of England and Wales and Northern Ireland, a child in respect of whom a person listed in regulation [F275(7)(b)] has a relationship equivalent to those listed in paragraph (a) under the law of Scotland,

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“civil servant” has the meaning given by section 1(4) of the Constitutional Reform and Governance Act 2010(5),

“common travel area” has the meaning given in section 1(3) of the Immigration Act 1971,

“mariner” means a person who is, or has been, in employment under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel where—

(a)

the employment in that other capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel, and

(b)

the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage,

but does not include a person in so far as that employment is as a serving member of Her Majesty’s forces,

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“serving member of Her Majesty’s forces” means a member of a regular force or reserve force (“M”) as defined, in each case, by section 374 (definitions applying for purposes of the whole Act) of the Armed Forces Act 2006(6), unless—

(a)

M is under the age of 16,

(b)

M is committing an offence under section 8 of the Armed Forces Act 2006 (desertion),

(c)

the force concerned is one of Her Majesty’s naval forces which M locally entered at an overseas base without F30...—

(i)

[F31previously being] an insured person under the National Insurance Act 1965(7), or

(ii)

[F32paying or having previously paid one or more of the following classes of contributions under the Social Security Act 1975 or the Social Security Contributions and Benefits Act 1992—

(aa)

primary Class 1,

(bb)

Class 2, or

(cc)

Class 3, or]

(d)

the force concerned is one of Her Majesty’s military forces or Her Majesty’s air forces which M entered, or was recruited for, outside the United Kingdom and—

(i)

where that force is one of Her Majesty’s military forces, the depot for M’s unit is outside the United Kingdom, or

(ii)

where that force is one of Her Majesty’s air forces, M is liable under the terms of M’s engagement to serve only in a specified area outside the United Kingdom.

Textual Amendments

Commencement Information

I3Reg. 6 in force at 26.7.2021, see reg. 1

Temporary absence from the common travel areaS

7.—(1) Where an individual is temporarily absent from the common travel area, the individual is to be treated as present in the common travel area for—

(a)the first 13 weeks of that absence for any reason, or

(b)the first 26 weeks of that absence where—

(i)after the first 13 weeks, the absence is in connection with arrangements made for the medical treatment of the individual for a disease or bodily or mental disablement which commenced before leaving the common travel area, and

(ii)the arrangements relate to medical treatment—

(aa)outside the common travel area,

(bb)during the period when the individual is temporarily absent from the common travel area, and

(cc)by, or under the supervision of, a person appropriately qualified to carry out that treatment.

(2) For the purposes of paragraph (1)—

(a)an individual is “temporarily absent” if, at the beginning of the period of absence, that absence is unlikely to exceed 52 weeks, and

(b)“medical treatment” means medical, surgical, psychological or rehabilitative treatment (including any course, diet or regimen).

Commencement Information

I4Reg. 7 in force at 26.7.2021, see reg. 1

Persons residing in the United Kingdom to whom a relevant EU regulation appliesS

8.  The past presence condition set out in regulation 5(1)(e) does not apply where on any day the individual is—

(a)ordinarily resident in Scotland,

(b)habitually resident in the United Kingdom,

(c)an individual—

(i)to whom the rules set out in a relevant EU regulation applies by virtue of—

(aa)Title III of Part 2 of the EU withdrawal agreement,

(bb)Part 3 or Article 23(4) of the Swiss citizens’ rights agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020) (“the 2020 Act”))(8),

(cc)Title III of the EEA EFTA separation agreement (as defined in section 39(1) of the 2020 Act), or

(dd)the agreement constituted by the exchange of letters set out in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974(9),

(ii)in respect of whom the United Kingdom is, as a result, competent for payment of sickness benefits in cash.

Commencement Information

I5Reg. 8 in force at 26.7.2021, see reg. 1

Persons residing outside the United Kingdom to whom a relevant EU regulation appliesS

9.—(1) The residence and presence conditions set out in regulation 5(1) do not apply in relation to the care component where on any day the individual satisfies the conditions in paragraph (2).

(2) The conditions referred to in paragraph (1) are that the individual must—

(a)be an individual—

(i)to whom the rules set out in a relevant EU regulation apply by virtue of—

(aa)Title III of Part 2 of the EU withdrawal agreement,

(bb)Part 3 or Article 23(4) of the Swiss citizens’ rights agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020 (“the 2020 Act”)),

(cc)Title III of the EEA EFTA separation agreement (as defined in section 39(1) of the 2020 Act), or

(dd)the agreement constituted by the exchange of letters set out in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974, and

(ii)in respect of whom the United Kingdom is, as a result, competent for payment of sickness benefits in cash,

(b)be habitually resident in—

(i)Switzerland,

(ii)an EEA state, or

(iii)Gibraltar, and

(c)have a genuine and sufficient link to Scotland.

(3) The reference in paragraph (2)(c) to an individual’s link to Scotland being sufficient is to it being sufficiently close that if the individual were not entitled to Child Disability Payment, paragraph (2) would be incompatible with the applicable agreement mentioned in sub-paragraph (a)(i) of that paragraph.

Commencement Information

I6Reg. 9 in force at 26.7.2021, see reg. 1

[F33No entitlement to care component where UK is not competent stateS

9A.  An individual to whom a relevant EU Regulation applies is not entitled to the care component for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the individual for the purposes of the relevant EU Regulation in question.]

Textual Amendments

Entitlement to other benefitsS

10.  An individual is not entitled to Child Disability Payment while they are entitled to—

(a)Disability Living Allowance,

(b)Personal Independence Payment, F34...

(c)armed forces independence payment [F35, or

(d)Adult Disability Payment].

Textual Amendments

Commencement Information

I7Reg. 10 in force at 26.7.2021, see reg. 1

Care component criterion: lowest, middle or highest rate care componentS

11.—(1) An individual satisfies the care component criterion in respect of any period throughout which at least one of the following conditions is satisfied—

(a)the individual is so severely disabled physically or mentally that they require in connection with their bodily functions attention from another person for a significant portion of the day (whether during a single period or a number of periods),

(b)the individual is 16 years old or older and is so severely disabled physically or mentally that they cannot prepare a cooked main meal for themselves if they have the ingredients,

(c)the individual is so severely disabled physically or mentally that they require from another person—

(i)frequent attention throughout the day in connection with their bodily functions, or

(ii)continual supervision throughout the day in order to avoid substantial danger to the individual or others, or

(d)the individual is so severely disabled physically or mentally that they require—

(i)prolonged or repeated attention from another person [F36at] night in connection with their bodily functions, or

(ii)another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over the individual [F36at] night in order to avoid substantial danger to the individual or others.

(2) No condition mentioned in paragraph (1) is to be taken to be satisfied unless—

(a)the individual has requirements of a description mentioned in the condition substantially in excess of the normal requirements of a person of the same age, or

(b)the individual has substantial requirements of such a description which younger persons in normal physical and mental health may also have but which persons of the individual’s age and in normal physical and mental health would not have.

(3) An individual is not entitled to the care component unless—

(a)throughout the period of 13 weeks immediately preceding the date on which the award of that component would begin, the individual has satisfied or is likely to satisfy at least one of the conditions mentioned in paragraph (1) as read with paragraph (2), and

(b)the individual is likely to continue to satisfy at least one of those conditions throughout the period of 26 weeks beginning with that date.

(4) In the case of an individual who is under the age of 16 on the date on which the award of the care component would begin, paragraph (2) only applies in relation to so much of any period mentioned in that paragraph as falls before the day on which the individual reaches the age of 16.

(5) The amount of the care component that an individual is entitled to be given for each week in the period for which they are awarded that component is—

(a)the highest rate (see regulation 23(1)(a)), if the individual falls within paragraph (3) by virtue of having satisfied or being likely to satisfy both the conditions mentioned in paragraph (1)(c) and (d) above throughout both the period mentioned in paragraph (3)(a) and that mentioned in paragraph (3)(b),

(b)the middle rate (see regulation 23(1)(b)), if the individual falls within paragraph (3) by virtue of having satisfied or being likely to satisfy one of those conditions mentioned in paragraph (1)(c) or (d) throughout both those periods, and

(c)the lowest rate (see regulation 23(1)(c)) in any other case.

(6) In paragraph (1)—

(a)references to “day” and “night” are to be construed in relation to the ordinary domestic routine of the household in which the individual lives, and

(b)“attention” means the provision of personal care, prompting or motivation in relation to bodily functions or assistance with communication needs.

(7) In paragraph (1) and regulation 12, “supervision” means the precautionary or anticipatory presence of another person to monitor an individual’s physical, mental or emotional health including monitoring for obstacles or dangerous places or situations.

(8) In this regulation and regulations 12 and 13, “require” means reasonably require and cognate expressions are to be construed accordingly.

Textual Amendments

Commencement Information

I8Reg. 11 in force at 26.7.2021, see reg. 1

Mobility requirements: lower rate mobility componentS

12.—(1) An individual aged 5 years or more is entitled to be given the mobility component at the lower rate (see regulation 23(2)(b)) if the individual satisfies the condition set out in paragraph (2).

(2) The condition referred to in paragraph (1) is that the individual, though able to walk, cannot move around outdoors without requiring guidance or supervision from another person most of the time as a result of a physical or mental impairment.

(3) The guidance or supervision required must be—

(a)substantially in excess of the normal requirements of a person of the same age, or

(b)of such a description which younger persons in normal physical and mental health may also require but which persons of the individual’s age and in normal physical and mental health would not require.

(4) In the case of an individual who is under the age of 16 on the date on which the award of the mobility component would begin, paragraph (3) only applies in relation to so much of any period mentioned in that paragraph as falls before the day on which the individual reaches the age of 16.

(5) Whether the individual satisfies the condition in paragraph (2), no account is to be taken of any ability which the individual has to use routes with which they are familiar, without guidance or supervision from another person.

(6) An individual is not entitled to the lower rate of the mobility component unless—

(a)throughout the period of 13 weeks immediately preceding the date on which the award of that component would begin, the individual has satisfied or is likely to satisfy the condition mentioned in paragraph (2), and

(b)the individual is likely to continue to satisfy the condition mentioned in paragraph (2) throughout the period of 26 weeks beginning with that date.

(7) In this regulation, “guidance” means direction or leading by physical means or verbal suggestion or persuasion.

Commencement Information

I9Reg. 12 in force at 26.7.2021, see reg. 1

Mobility requirements: higher rate mobility componentS

13.—(1) An individual aged 3 years or more is entitled to be given the mobility component at the higher rate (see regulation 23(2)(a)) if the individual satisfies at least one of the conditions mentioned in paragraph (2).

(2) The conditions referred to in paragraph (1) are—

(a)taking account of the individual’s physical condition as a whole, the individual’s condition is such that, without having regard to the nature of the location where the individual resides—

(i)the individual is unable to walk,

(ii)the individual’s ability to walk out of doors is so limited, as regards the distance over which or the speed at which or the length of time for which or the manner in which the individual can make progress on foot without severe discomfort, that the individual is virtually unable to walk, or

(iii)the exertion required to walk would constitute a danger to the individual’s life, or would be likely to lead to a serious deterioration in the individual’s health, from which there would no recovery, or from which recovery would take a significant period of time,

(b)the individual has no legs or no feet (regardless of the use of artificial limbs),

(c)the individual has a severe visual impairment,

(d)the individual is blind and deaf,

(e)the individual has a severe mental impairment and severe behavioural difficulties and satisfies both of the conditions mentioned in regulation 11(1)(c) and (d).

(3) Where paragraph (2)(a) applies in relation to an individual, the test of being unable or virtually unable to walk is not met where the individual—

(a)is not unable or virtually unable to walk with the use of an artificial limb or artificial aid which the individual normally wears or uses, or

(b)would not be unable or virtually unable to walk if the individual wore or used an artificial limb or artificial aid which is suitable to the individual’s circumstances.

(4) Paragraph (3) is not relevant for the purpose of determining whether an individual is to be taken to satisfy the conditions set out in paragraphs (2)(b) to (e).

(5) An individual is to be taken to have a severe visual impairment, for the purpose of paragraph (2)(c), if the individual has a severe visual impairment fulfilling the definition given by the Visual Impairment Network for Children and Young People(10).

(6) An individual is taken to be blind and deaf, for the purpose of paragraph (2)(d), if the individual is—

(a)blind where the loss of vision amounts to an absolute loss of vision,

(b)deaf where loss of hearing when using any artificial aid which they habitually use or which is suitable in their case amounts to not less than 80% on a scale where 100% represents absolute deafness, and

(c)unable, without the assistance of another person, to walk to any intended or required destination while out of doors.

(7) An individual is to be taken to have a severe mental impairment, for the purpose of paragraph (2)(e), if the individual has a severe impairment of intelligence and social functioning resulting from—

(a)a state of arrested development as a result of a failure of the individual’s brain to grow or develop in the way normally expected, or

(b)a deficiency in the functionality of the brain as a result of its incomplete physical development.

(8) An individual is to be taken to have severe behavioural difficulties, for the purpose of paragraph (2)(e), if the individual exhibits disruptive behaviour which—

(a)is extreme,

(b)regularly requires another person to intervene in order to prevent or reduce the likelihood of physical injury to the individual or another person, and

(c)is so unpredictable that another person requires to be awake and watching over the individual while the individual is awake.

(9) In paragraph (8)(b), reference to another person intervening relates to the provision of care and support of, or treatment provided to, the individual.

(10) An individual is not entitled to the [F37higher rate of the] mobility component unless—

(a)throughout the period of 13 weeks immediately preceding the date on which the award of that component would begin, the individual has satisfied or is likely to satisfy one of the conditions mentioned in paragraph (2), and

(b)the individual is likely to continue to satisfy one of those conditions throughout the period of 26 weeks beginning with that date.

Textual Amendments

Commencement Information

I10Reg. 13 in force at 26.7.2021, see reg. 1

Exclusion of entitlement to mobility componentS

14.  An individual is not entitled to the mobility component of Child Disability Payment for a period unless, during most of that period, the individual’s physical or mental condition is such that they are able, from time to time, to benefit from assistance for movement.

Commencement Information

I11Reg. 14 in force at 26.7.2021, see reg. 1

(1)

2019 CP 49.

(2)

1992 c.4, relevantly amended by paragraph 26(a) and (b) of schedule 3 and paragraph 8 of schedule 7 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2), paragraph 70 of schedule 7 of the Social Security Act 1998 (c.14), section 12(2) to (4) of the National Insurance Contributions Act 2014 (c.7) and paragraph 30 of schedule 4 of the Petroleum Act 1998 (c.17).

(10)

A National Managed Clinical Network forming part of NHS Scotland https://www.vincyp.scot.nhs.uk/vincyp-definition/.

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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

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Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
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