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

Exceptions to paragraph 9(4) S

11.— [F1 (1)] The following circumstances are exceptions to paragraph 9(4)—

[F2 (a) where the Scottish Ministers have—

(i) received information from the Secretary of State for Work and Pensions that the transferring individual is terminally ill in terms of section 82 of the Welfare Reform Act 2012 immediately before the date of transfer, or

(ii) not received information from the Secretary of State for Work and Pensions that the transferring individual is terminally ill in terms of section 82 of the Welfare Reform Act 2012, but become aware, before they have made a determination under paragraph 9(1), that the individual has a terminal illness in terms of regulation 15(6) (entitlement under special rules for terminal illness),

the determination made under paragraph 9(1) must be made on the basis that the transferring individual satisfies the conditions for the higher rate of the mobility component and highest rate of the care component of Child Disability Payment,]

(b) a transferring individual who is not awarded the care component of Disability Living Allowance and meets the condition in regulation 11(1)(b) (care component criterion: lowest, middle or highest rate of care component) is entitled to the lowest rate of the care component of Child Disability Payment,

(c) a transferring individual whose entitlement to [F3 one or both components] of Disability Living Allowance was affected because they were under 16 and did not meet the [F4 requirements in either or both sections 72(1A)(b) or 73(4A)] of the Social Security Contributions and Benefits Act 1992(1), who is aged 16 or over is entitled to an increased rate of either component or both components [F5 as the case may be] of Child Disability Payment, and

(d) a transferring individual, whose entitlement to the mobility component of Disability Living Allowance was affected by not meeting the requirement of regulation 12(1A) of the Social Security (Disability Living Allowance) Regulations 1991(2), who meets the condition in regulation 13(5) (mobility requirements: higher rate mobility component), is entitled [F6 to the higher rate of the mobility component of Child Disability Payment where the individual was either not entitled to the mobility component of Disability Living Allowance or entitled to the lower rate of that component.]

F7 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (2) Where sub-paragraph (1)(a) applies—

(a) paragraphs (7), (8) and (9) of regulation 15 (entitlement under special rules for terminal illness) are to be treated as satisfied for the individual, and

(b) the beginning of their entitlement is to be determined in terms of regulation 15(3), as modified by paragraph 13(zb).

(3) Where a transferring individual mentioned in sub-paragraph (1)(b), (c) or (d) whose entitlement to Child Disability Payment is determined under paragraph 9(1) to be at a higher value than their entitlement to Disability Living Allowance paid immediately before that determination, entitlement is to begin before the date of that determination but not before the later of—

(a) the date on which—

(i) sub-paragraph (1)(b) or (d) applies to a transferring individual by virtue of evidence supplied in relation to the transferring individual which is satisfactory to the Scottish Ministers, or

(ii) where sub-paragraph (1)(c) applies, when the transferring individual reaches the age of 16,

(b) 11 October 2021.

(4) Where an individual has previously received Disability Living Allowance for a period and a determination is subsequently made that the same individual is entitled to Child Disability Payment at a higher rate for that period by virtue of this paragraph, that individual will be entitled to the difference between the value of entitlement to Child Disability Payment under the subsequent determination and the value of Disability Living Allowance to which that individual was previously entitled for that period.]

Textual Amendments

F1 Sch. para. 11 renumbered as sch. para. 11(1) (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 20(3)(a)

F2 Sch. para. 11(1)(a) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 20(3)(b)

F3 Words in sch. para. 11(1)(c) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 20(3)(c)(i)

F4 Words in sch. para. 11(1)(c) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 20(3)(c)(ii)

F5 Words in sch. para. 11(1)(c) inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 20(3)(c)(iii)

F6 Words in sch. para. 11(1)(d) substituted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 20(3)(d)(i)

F7 Sch. para. 11(1)(d)(i) omitted (22.11.2021) by virtue of The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 20(3)(d)(ii)

F8 Sch. para. 11(1)(d)(ii) omitted (22.11.2021) by virtue of The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 20(3)(d)(ii)

F9 Sch. para. 11(2)-(4) inserted (22.11.2021) by The Disability Assistance for Children and Young People (Scotland) Amendment Regulations 2021 (S.S.I. 2021/416), regs. 1, 20(3)(e)

Commencement Information

I1 Sch. para. 11 in force at 26.7.2021, see reg. 1

(1)

1992 c.4. Subsection (1A) was inserted by section 52(2) of the Welfare Reform Act 2007 (c.5).

(2)

S.I. 1991/2890. Regulation 12(1A) was inserted by S.I. 2010/1651.