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

Article 2

SCHEDULE 1 Amendment of the Income Support (General) Regulations 1987

Amendment of the Income Support (General) Regulations 1987: general

1.  The Income Support (General) Regulations 1987 are amended as follows.

Amendment of regulation 2 (interpretation)

2.  In regulation 2(1)—

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

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

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

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

Amendment of regulation 4 (temporary absence from Great Britain)

3.  In regulation 4(2)(c)(v)(aa) after “allowance”, insert “, the care component of child disability payment at the highest rate in accordance with the DACYP Regulations (see regulation 11(5) of those Regulations)”.

Amendment of Schedule 1B (prescribed categories of person)

4.  In paragraph 4(a) of Schedule 1B (persons caring for another person)—

(a) in paragraph (i), after “Contributions and Benefits Act” insert “, the care component of child disability payment at the highest or middle rate in accordance with the DACYP Regulations (see regulation 11(5) of those Regulations),”;

(b) in paragraph (iii), after “disability living allowance”, insert “, child disability payment”;

(c) after paragraph (iiia), insert—

“(iiib) the person being cared for (“P”) has claimed entitlement to the care component of child disability payment in accordance with regulation 24 (when an application is to be treated as made and beginning of entitlement to assistance) of the DACYP Regulations, an award at the highest or middle rate has been made in respect of P’s claim, and where the period for which the award is payable has begun, P is in receipt of that payment;”.

Amendment of Part 3 of Schedule 2 (premiums)

5.—(1) Part 3 of Schedule 2 is amended as follows.

(2) In paragraph 7(2) after the words “Social Security Act” insert “, the care component of child disability payment at the highest or middle rate prescribed in accordance with the regulation 11(5) of the DACYP Regulations”.

(3) In paragraph 13A (Enhanced Disability Premium), in sub-paragraph (1ZA)—

(a) omit the “or” at the end of paragraph (b);

(b) after that paragraph, insert—

“(ba) the care component of child disability payment is payable to that person at the highest rate in accordance with the DACYP Regulations (see regulation 11(5) of those Regulations); or”.

(4) In paragraph 14 (Disabled Child Premium)—

(a) in sub-paragraph (1), after paragraph (a), insert—

“(aa) in receipt of child disability payment;”;

(b) in sub-paragraph (2), in the opening words after “(1)(a)” insert “, (aa)”.

Amendment of Schedule 3 (housing costs: non-dependant deductions)

6.  In paragraph 18 of Schedule 3—

(a) in sub-paragraph (6)(b), after paragraph (ii), insert—

“(iia) the care component of child disability payment;”;

(b) in sub-paragraph (8)(a), after “disability living allowance” insert “, child disability payment”.