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

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PART 8SMovement of individuals between Scotland and the rest of the United Kingdom

Individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom immediately before moving to ScotlandS

35.—[F1(1) Where an individual—

(a)is under 18 years of age,

(b)becomes resident in Scotland,

(c)was resident in another part of the United Kingdom, and

(d)was entitled to Disability Living Allowance immediately before the date of the move,

the Scottish Ministers are to make a determination without application of the individual’s entitlement to Child Disability Payment.

(2) Entitlement to Child Disability Payment under paragraph (1) begins on the day after the day on which [F2the individual’s entitlement to Disability Living Allowance ends] .

(3) In this regulation, “the date of the move” is the date when the individual becomes resident in Scotland as notified by the individual [F3or otherwise communicated] to the Scottish Ministers (whether the notification takes place before or after the date of the move).]

[F1(1) This regulation applies where an individual—

(a)is under 18 years of age,

(b)becomes resident in Scotland,

(c)was resident in another part of the United Kingdom, and

(d)was entitled to Disability Living Allowance immediately before the date of the move.

(2) Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Child Disability Payment, entitlement to assistance is to begin in accordance with paragraphs (3) to (5).

(3) Where, for the purpose of an application for Child Disability Payment—

(a)the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers within 26 weeks of the date of the move, and

(b)an application is made within 32 weeks of the date of the move,

entitlement begins on the day on which the individual’s entitlement to Disability Living Allowance ceased.

(4) Subject to paragraph (5), where the required data or application is submitted after the period described in paragraph (3)(a) or (b), entitlement to Child Disability Payment begins in accordance with regulation 24(4) to (6) (when an application is to be treated as made and beginning of entitlement to assistance).

(5) Where the Scottish Ministers are satisfied that there is a good reason why the required data or application was submitted after the period described in paragraph (3)(a) or (b), they may treat the required data as having been submitted, or the application as having been made, within that period.

(6)  In this regulation, “the date of the move” is the date when the individual becomes resident in Scotland, as notified by the individual or otherwise communicated to the Scottish Ministers (whether the notification takes place before or after the date of the move).]

Textual Amendments

Commencement Information

I1Reg. 35 in force at 26.7.2021, see reg. 1

[F4Individuals in respect of whom Disability Living Allowance was paid before 7 July 2023S

35A.—(1) This regulation applies where an individual—

(a)immediately before 7 July 2023—

(i)was entitled to Disability Living Allowance, and

(ii)either—

(aa)fell within the definition of a “relevant individual” in terms of regulation 41 and paragraph 7 of the schedule as they applied before 6 November 2025, or

(bb)would have fallen within the definition referred to in sub-head (aa) had the entitlement to Disability Living Allowance referenced in head (i) been established prior to 7 July 2023,

(b)has not had their entitlement transferred or otherwise become entitled to Child Disability Payment, and

(c)is not a person to whom regulation 35(1) applies.

(2) Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Child Disability Payment, entitlement to assistance is to begin in accordance with paragraph (3) to (5).

(3) Where, for the purpose of an application for Child Disability Payment—

(a)the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers within 26 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Disability Living Allowance was not transferred to an entitlement to Child Disability Payment, and

(b)an application is made within 32 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Disability Living Allowance was not transferred to an entitlement to Child Disability Payment,

entitlement begins on the day on which the individual’s entitlement to Disability Living Allowance ceased.

(4) Subject to paragraph (5), where the required data or application is submitted after the period described in paragraph (3)(a) or (b), entitlement to Child Disability Payment begins in accordance with regulation 24(4) to (6) (when an application is to be treated as made and beginning of entitlement to assistance).

(5) Where the Scottish Ministers are satisfied that there is a good reason why the required data or application was submitted after the period described in paragraph (3)(a) or (b), they may treat the required data as having been submitted, or the application as having been made, within that period.

(6) In this regulation and regulation 35B, references to transfer to Child Disability Payment are to transfer by virtue of regulation 41 and Part 3 of the schedule, as they applied before 6 November 2025.

Textual Amendments

Individuals with entitlement to Child Disability Payment in respect of whom Disability Living Allowance was paid before 7 July 2023S

35B.—(1) This regulation applies where an individual—

(a)immediately before 7 July 2023—

(i)was entitled to Disability Living Allowance, and

(ii)either—

(aa)fell within the definition of a “relevant individual” in terms of regulation 41 and paragraph 7 of the schedule as they applied before 6 November 2025, or

(bb)would have fallen within the definition referred to in sub-head (aa) had the entitlement to Disability Living Allowance referenced in head (i) been established prior to 7 July 2023,

(b)has not had their entitlement transferred to Child Disability Payment,

(c)has continuing entitlement to Child Disability Payment, and

(d)is not a person to whom regulation 35(1) applies.

(2) The Scottish Ministers must make a determination of an individual’s entitlement to Child Disability Payment, without receiving an application, where they become aware that paragraph (1) applies to that individual.

(3) Where a determination is made under paragraph (2) that an individual is entitled to Child Disability Payment, entitlement to assistance is to begin on the day on which the individual’s entitlement to Disability Living Allowance ceased.]

Textual Amendments

Individuals in respect of whom Child Disability Payment is paid at the time of moving to another part of the United KingdomS

36.—(1) Where the Scottish Ministers [F5become aware] that an individual who is entitled to Child Disability Payment has moved or is to move to become F6... resident in another part of the United Kingdom, the individual is to be treated as though the individual meets the condition [F7under regulation 5(1)(a)] of being ordinarily resident in Scotland for a period of 13 weeks beginning [F8in accordance with paragraph (4)] .

(2) Subject to Part 5 (effect of time spent in care homes and in legal detention), where the Scottish Ministers [F9become aware that an individual has moved or is to move to another part of the United Kingdom as] mentioned in paragraph (1), they are to make a determination without application at the end of the 13-week period mentioned in paragraph (1) that the individual’s entitlement to Child Disability Payment is to terminate.

(3) Where before the end of the 13-week period, the Scottish Ministers [F10become aware] that the individual is no longer to move to become F11... resident in another part of the United Kingdom, F12... the duty in paragraph (2) does not apply.

[F13(4) The 13-week period mentioned in paragraph (1) begins—

(a)if the Scottish Ministers become aware that the individual is to become resident in another part of the United Kingdom, on the date the individual ceases to be ordinarily resident in Scotland,

(b)if the Scottish Ministers become aware after the date when the individual becomes resident in another part of the United Kingdom, but before they have been resident there for 13 weeks, on the date the individual notifies the Scottish Ministers of the move, or

(c)in any other case, on the date that the individual ceases to be ordinarily resident in Scotland.]

[F14(5) On the day after the 13-week period specified in paragraph (4) ends—

(a)entitlement to Child Disability Payment ends, and

(b)regulation 33 (determination following error – overpayments) applies to any Child Disability Payment paid to an individual in relation to a period after the end of that 13-week period.]

Textual Amendments

Commencement Information

I2Reg. 36 in force at 26.7.2021, see reg. 1

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