PART 7

Re-consideration of entitlement to Child Disability Payment: determination without application

Determination to effect a deduction decision
34
1
The Scottish Ministers are to make a determination of an individual’s entitlement to Child Disability Payment, without receiving an application, where the circumstances in paragraphs (2) and (3) apply.
2
This paragraph applies where—
a
regulation 27 (form of payment - giving Child Disability Payment by way of deduction) allows Child Disability Payment to be given to the individual by way of deduction, or
b
Child Disability Payment is being given to the individual by way of deduction, and the Scottish Ministers consider that may no longer be appropriate.
3
This paragraph applies where the Scottish Ministers have decided to—
a
vary the amount of Child Disability Payment to be given by way of deduction (including introducing a deduction, where the full amount of Child Disability Payment was previously given as money),
b
vary any period for which the individual’s Child Disability Payment is to be given by way of deduction, that may have been specified in a previous determination of the individual’s entitlement, or
c
cease making deductions, and instead give the individual’s Child Disability Payment in the form of money.
4
The Scottish Ministers are to make a determination, without receiving an application, where an individual who is receiving Child Disability Payment by way of deduction under a previous determination of entitlement notifies the Scottish Ministers that the individual—
a
withdraws their agreement to their Child Disability Payment being given by way of deduction,
b
wishes the Scottish Ministers to increase the amount of their Child Disability Payment that is given by way of deduction,
c
wishes the Scottish Ministers to decrease the amount of their Child Disability Payment that is given by way of deduction (including ceasing the deduction), or
d
wishes the Scottish Ministers to amend the length of any period referred to in paragraph (3)(b).
Reg. 34 in force at 26.7.2021, see reg. 1
Word in reg. 34(3)(b) inserted (20.11.2023) by The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/346), regs. 1, 3(6)