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

Article 20

SCHEDULE 11 Amendment of the Universal Credit Regulations 2013

Amendment of the Universal Credit Regulations 2013: general

1.  The Universal Credit Regulations 2013 are amended as follows.

Amendment of regulation 2 (interpretation)

2.  In regulation 2—

(a) after the definition of “carer element”, insert—

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

(b) after the definition of “course of advanced education”, insert—

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

Amendment of regulation 14 (exceptions to the requirement not to be receiving education)

3.  In regulation 14(1)(b), after “disability living allowance”, insert “, child disability payment”.

Amendment of regulation 24 (the child element)

4.  In regulation 24(2)—

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

(b) in sub-paragraph (b)(i), after “highest rate”, insert “, the care component of child disability payment at the highest rate in accordance with regulation 11(5) of the DACYP Regulations”.

Amendment of regulation 41 (when an assessment may be carried out)

5.  In regulation 41(2)(a), after “disability living allowance”, insert “, child disability payment”.

Amendment of regulation 83 (exceptions – entitlement or receipt of certain benefits)

6.  In regulation 83(1), after paragraph (h), insert—

“(ha) a claimant, or a child or qualifying young person for whom a claimant is responsible, is receiving child disability payment;”.

Amendment of Schedule 3 (claimant treated as occupying or not occupying accommodation)

7.—(1) Schedule 3 is amended as follows.

(2) In paragraph 5(3)(b), after sub-paragraph (i), insert—

“(ia) the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations,”.

Amendment of Schedule 4 (housing costs element for renters)

8.—(1) Schedule 4 is amended as follows.

(2) In paragraph 12—

(a) in sub-paragraph (3)(a), after sub-paragraph (i), insert—

“(ia) the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;”;

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

“(aa) in receipt of the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;”;

(c) in sub-paragraph (6A)(a), after sub-paragraph (i), insert—

“(ia) the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;”.

(3) In paragraph 15(2), after paragraph (b), insert—

“(ba) a person in receipt of the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;”.

(4) In paragraph 29(5), after paragraph (a), insert—

“(aa) the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;”.