The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019

Made: 25th April 2019

Coming into force in accordance with regulation 2

In accordance with section 98 of that Act, no consultation with the Scottish Commission on Social Security was required.

PART 1 — Introduction

Citation

1

These Regulations may be cited as the Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 2) Regulations 2019.

Commencement

2

• (1) Chapter 2 of Part 2 of these Regulations comes into force on 3 June 2019.

• (2) The other provisions of these Regulations come into force on the first Monday after the day on which they are made.

Meaning of “the principal Regulations”

3

In these Regulations, “the principal Regulations” means the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018[^f00002].

PART 2 — Amendments to the principal Regulations

CHAPTER 1 — Amendments creating the early learning grant

Amendment of regulation 3 of the principal Regulations

4

After regulation 3(3) of the principal Regulations insert—

(4) Schedule 3 makes provision about the early years assistance that is to be given in connection with a child aged between 2 and 3½ years (referred to in these Regulations as “early learning grant”).

Amendment of regulation 5 of the principal Regulations

5

• (1) Regulation 5(5) of the principal Regulations is amended as follows.

• (2) In the definition of “application window”, after sub-paragraph (a) insert—

(b) in relation to an application for an early learning grant, the period described in paragraph 1(b) of schedule 3,

• (3) In the definition of “the relevant eligibility condition”, after paragraph (a) insert—

(b) in relation to an application for an early learning grant, the eligibility condition in paragraph 1(f) of schedule 3,

Insertion of schedule 3 of the principal Regulations

6

Insert the text in schedule 1 of these Regulations as schedule 3 of the principal Regulations.

CHAPTER 2 — Amendments creating the school-age grant

Amendment of regulation 3 of the principal Regulations

7

After regulation 3(4) of the principal Regulations insert—

(5) Schedule 4 makes provision about the early years assistance that is to be given in connection with a child reaching the age at which children in Scotland usually start primary school (referred to in these Regulations as “school-age grant”).

Amendment of regulation 5 of the principal Regulations

8

• (1) Regulation 5(5) of the principal Regulations is amended as follows.

• (2) In the definition of “application window”, after paragraph (b) insert—

(c) in relation to an application for a school-age grant, the period described in paragraph 2 of schedule 4,

• (3) In the definition of “the relevant eligibility condition”, after paragraph (b) insert—

(c) in relation to an application for a school-age grant, the eligibility condition in paragraph 1(f) of schedule 4,

Insertion of schedule 4 of the principal Regulations

9

Insert the text in schedule 2 of these Regulations as schedule 4 of the principal Regulations.

SCHEDULE 1 — Text to be inserted as schedule 3 of the principal Regulations

SCHEDULE 2 — Text to be inserted as schedule 4 of the principal Regulations

Signed

SHIRLEY-ANNE SOMERVILLE — A member of the Scottish Government — 25th April 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision about early years assistance, a type of assistance that is given by the Scottish Ministers under Part 2 of the Social Security (Scotland) Act 2018.

The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (“the principal Regulations”) created the pregnancy and baby grant, which is a grant payable to people who have, or expect to have, a new baby in the family. These Regulations amend that earlier instrument to create two further grants:

• the early learning grant, which is payable in respect of a child aged between 2 and 3½ years, and

• the school age grant, which is payable in respect of a child who has reached, or will reach within the year, the age at which children in Scotland normally start primary school (which is age 4 or 5, depending on when the child’s birthday falls).

A Business and Regulatory Impact Assessment was prepared in respect of the principal Regulations. This considered the potential effects of the early learning grant and the school age grant. Accordingly, no separate assessment is required in respect of these Regulations.

Footnotes

[^f00001]: 2018 asp 9. The regulation-making powers conferred by the Act include the power to make different provision for different purposes by virtue of section 96(1).

[^f00002]: S.S.I. 2018/370.

[^f00003]: 2011 asp 1. The definition of “residential establishment” in section 202 was amended by S.S.I. 2013/211.

[^f00004]: 1971 c.77.

[^f00005]: S.I. 2005/1379.

[^f00006]: 1999 c.33.