The Scottish Child Payment Regulations 2020

[^key-7e30cb29f299e7b1194ce08ee38088ce]: Reg. 25 in force at 9.11.2020, see reg. 2

[^key-8009ab2bd5f8a40c87def0637744b7ad]: Sch. para. 22 substituted (23.6.2025) by The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 5(4)(b) (with regs. 13, 14)

[^key-854329a420163fcf5766b875f8ef7a37]: Sch. para. 28 in force at 9.11.2020, see reg. 2

[^key-8580666b90e57585b6f6bffe8c21f55f]: Sch. para. 3 in force at 9.11.2020, see reg. 2

[^key-8670ac811c7d252e1775d4d3e764527c]: Sch. para. 6 in force at 9.11.2020, see reg. 2

[^key-871f5a5b216efa532faf6cc76c30e401]: Reg. 9 in force at 9.11.2020, see reg. 2

[^key-89b860d733c976b0baaaeb54f0fab2e3]: Words in sch. para. 5(4)(a) omitted (23.6.2025) by virtue of The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/195), regs. 1(1), 5(4)(a) (with reg. 13)

[^key-8c1dc74e3d8f881709821faff4cba252]: Regs. 19A-19G inserted (9.2.2022) by The Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022 (S.S.I. 2022/41), regs. 1, 2(2)

[^key-8ff02e1a20f48654d63c3a6b7d84eb51]: Reg. 18 in force at 9.11.2020, see reg. 2

[^key-9582917edb4d8188715b84b56714c055]: Word in sch. para. 5(1) substituted (23.12.2021) by The Best Start Grants and Scottish Child Payment (Miscellaneous Amendments) Regulations 2021 (S.S.I. 2021/494), regs. 1(1), 6(2)

[^key-97eb4db8dd7c967214c6d481a29759dd]: Sch. para. 32 in force at 9.11.2020, see reg. 2

[^key-99a39c1d99c896b4e61ee2db894e1f45]: Regulations modified (14.11.2022) by The Scottish Child Payment (Ancillary Provision) Regulations 2022 (S.S.I. 2022/326), regs. 1(1), 4(4)(c)

[^key-9e2f86b0504746e63e5e992f52b95c94]: Words in sch. para. 11(3)(b) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 4(8)(a)(i) (with reg. 5)

[^key-a0940df88a79545bc1814c3676b595f9]: Sch. para. 20 in force at 9.11.2020, see reg. 2

[^key-a3d2d7ec4689c33cb06f49337f2fa360]: Reg. 19 in force at 9.11.2020, see reg. 2

[^key-a474ea83bc92b24595562647d3bed654]: Sch. para. 31 in force at 9.11.2020, see reg. 2

[^key-a55318a718287da646f725ceb5f08808]: Words in sch. para. 5(3) substituted (23.12.2021) by The Best Start Grants and Scottish Child Payment (Miscellaneous Amendments) Regulations 2021 (S.S.I. 2021/494), regs. 1(1), 6(3)

[^key-a583bf2ad6b1ba1caa60f1dc8509e633]: Reg. 7 in force at 9.11.2020, see reg. 2

[^key-a84be6e2da6583fa019953f7d111c946]: Reg. 2 in force at 9.11.2020, see reg. 2

[^key-acd408a0a98ff04cc6390f3b7b88f8fb]: Sch. para. 25 substituted (9.2.2022) by The Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022 (S.S.I. 2022/41), regs. 1, 2(4)

[^key-b12f5997b6b33f14b40ebe60403cdae4]: Sch. para. 4 in force at 9.11.2020, see reg. 2

[^key-b726d25e90734d2babb8e446fbb6cd58]: Reg. 22 in force at 9.11.2020, see reg. 2

[^key-b7a6286fcccd0a67dfe69e821d3b97f4]: Word in sch. para. 12(5) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 4(8)(b)(ii) (with reg. 5) (with savings in S.S.I. 2022/326, reg. 3)

[^key-b8026ccce38f081e14328981300d10fb]: Sch. para. 26 in force at 9.11.2020, see reg. 2

[^key-ba11084ece67e4c7e7b01b8b8b27a38f]: Word in sch. para. 11(3)(b) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 4(8)(a)(ii) (with reg. 5)

[^key-c0e704e79f66623bccaec8559b049c47]: Sch. para. 21 in force at 9.11.2020, see reg. 2

[^key-c543c7a32af2380f604a063d1e4fb9bb]: Sch. para. 18 in force at 9.11.2020, see reg. 2

[^key-c6184e6c1214daac66cbe9c529376851]: Reg. 27 in force at 9.11.2020, see reg. 2

[^key-c6ba065d633b33dd8c5d44d3c794620e]: Sch. para. 35(4) omitted (14.11.2022) by virtue of The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 4(8)(d) (with reg. 5)

[^key-cb15b9d308d376f0636ea7e72d4c3680]: Reg. 23 in force at 9.11.2020, see reg. 2

[^key-cc15224e924dce552dc38ac31e500415]: Sch. para. 17 in force at 9.11.2020, see reg. 2

[^key-d37de85e5d0058240a92c3c3e85db9d2]: Sch. para. 7 in force at 9.11.2020, see reg. 2

[^key-d41dc34dc5cb893e7bc20543773d92eb]: Reg. 15 in force at 9.11.2020, see reg. 2

[^key-d70b167c3470777e970197389acfa89d]: Sch. para. 22 in force at 9.11.2020, see reg. 2

[^key-dfcca1d75cb1ea929a30c9c8f4104cc5]: Reg. 14 in force at 9.11.2020, see reg. 2

[^key-e143b1a03b3daea2026dde18c357fc0c]: Reg. 10 in force at 9.11.2020, see reg. 2

[^key-e33dfd475c8204504faa7e14cf4dedbd]: Sch. para. 2 in force at 9.11.2020, see reg. 2

[^key-e40c46e8b81d3f26dcf3848e5a1e8259]: Sch. para. 34(4) omitted (14.11.2022) by virtue of The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 4(8)(c) (with reg. 5)

[^key-e8f88e79392d231c2c7d0ee60b5fad40]: Reg. 15 substituted (15.1.2021) by The Scottish Child Payment Amendment Regulations 2021 (S.S.I. 2021/16), regs. 1, 3

[^key-fac558c0f8887da0a3ed3dfc6cf3122c]: Sum in Reg. 20(1) substituted (1.4.2025) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/100), regs. 1(2), 8 (with sch. para. 6)

[^key-fc0a9aaa37682c279d4105befa28c5a3]: Sch. para. 1 in force at 9.11.2020, see reg. 2

[^key-fd42ecc9f102438d75d2312f1f8dac2e]: Sch. para. 11(3)(c) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 4(8)(a)(iii) (with reg. 5)

[^key-fe3c95d825094d430faf537d0deeb823]: Reg. 4 substituted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 4(2) (with reg. 5)

[^M_F_e3737a29-c7fa-4b2e-b560-abcabe6fc55f]: Words in sch. para. 12(5) substituted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 4(8)(b)(i) (with reg. 5) (with savings in S.S.I. 2022/326, reg. 3)

[^key-27eae5c6b393488b7781f053598a747a]: Reg. 19A(2) substituted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 7(2)

[^key-e0790d83129bf8eebe4d166509d2906d]: Sch. para. 25(5) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 7(3) (with reg. 13)

Circumstances in which assistance may be suspended

19A

• (1) The Scottish Ministers may decide that an individual who has an ongoing entitlement to Scottish child payment in respect of a period by virtue of regulation 19 is not to become entitled to be given some or all of that assistance at the time at which the individual otherwise would in accordance with that regulation, as read with regulation 21 (time of payment) (referred to in these Regulations as a decision to suspend the individual’s Scottish child payment).

• (2) Where such a decision is made in respect of an individual, payments of Scottish child payment to that individual are to be suspended until such time as the Scottish Ministers decide to end the suspension in accordance with regulation 19E.

• (3) The Scottish Ministers may decide to suspend an individual’s Scottish child payment only in the circumstances where—

• (a) paragraph 25(2) of the schedule applies, or

• (b) the Scottish Ministers have made arrangements (whether under section 85A of the 2018 Act, section 85B of the 2018 Act or otherwise) for a person to receive the Scottish child payment on the individual’s behalf, and the Scottish Ministers consider that it is necessary to suspend the Scottish child payment—

• (i) in order to protect the individual from the risk of financial abuse, or

• (ii) because the person with whom the Scottish Ministers have made arrangements is unable to continue to receive the Scottish child payment.

Having regard to financial circumstances

19B

The Scottish Ministers must have regard to an individual’s financial circumstances prior to making a decision to suspend payment to the individual of some or all of a Scottish child payment.

Information to be given following suspension

19C

• (1) Having made a decision to suspend an individual’s Scottish child payment, the Scottish Ministers must inform the individual of—

• (a) their decision to suspend the individual’s Scottish child payment,

• (b) the reasons for their decision,

• (c) any steps which might be taken by the individual in order for the Scottish Ministers to consider ending the suspension, and

• (d) the individual’s right under regulation 19D to require the Scottish Ministers to review their decision.

• (2) The Scottish Ministers must fulfil their duty under paragraph (1) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others.

Right to review suspension

19D

• (1) An individual may require the Scottish Ministers to review a decision to suspend that individual’s Scottish child payment.

• (2) The Scottish Ministers must—

• (a) complete a review mentioned in paragraph (1) within 31 days beginning with the day on which they received notice from the individual requiring them to review their decision,

• (b) inform the individual of the outcome of the review including the reasons for it.

• (3) The Scottish Ministers must fulfil their duty under paragraph (2)(b) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others.

Ending a suspension

19E

The Scottish Ministers are to make a decision to end a suspension where—

• (a) the individual provides the information mentioned in paragraph 25(1) of the schedule and the Scottish Ministers consider that they do not require to make a determination without application,

• (b) regulation 19A(3)(a) applies and the Scottish Ministers make a determination without application under paragraph 6 (determination following official error resulting in underpayment), 7 (determination following error resulting in overpayment), 8 (determination following backdated award of assistance), 10 (determination following change of circumstances, etc.), 11 (determination following award of a Scottish child payment in respect of another child), 12 (determination following cessation of award of a Scottish child payment) or 13 (determination to effect a deduction decision) of the schedule,

• (c) the Scottish Ministers make a determination under paragraph 25(4) of the schedule,

• (d) the circumstances mentioned in regulation 19A(3)(b) no longer apply, or

• (e) the Scottish Ministers consider it appropriate in the circumstances, including having regard to the financial circumstances of the individual.

Effect of suspension ending

19F

When—

• (a) the suspension of an individual’s Scottish child payment ends, and

• (b) under the latest determination of the individual’s entitlement to Scottish child payment relating to the period of the suspension the individual would have become entitled to be given Scottish child payment during that period,

the individual is immediately to be given the Scottish child payment that the individual would have become entitled to be given under the determination during the period of suspension.

Interpretation: regulations 19A to 19F

19G

In regulations 19A to 19F—

• (a) references to an individual’s Scottish child payment being suspended are to an individual not becoming entitled to be given some or all of the Scottish child payment in respect of a period that the individual otherwise would at the time, or times, prescribed by regulation 19 (ongoing entitlement), and

• (b) “financial abuse” includes—

• (i) having money or other property stolen,

• (ii) being defrauded,

• (iii) being put under pressure in relation to money or other property,

• (iv) having money or other property misused.

Value and form of a Scottish child payment

Time of payment

Individual's right to stop receiving assistance

Later determination supersedes earlier

Interpretation

Beginning of entitlement to assistance

18A

Where a determination is made that an individual is entitled to a Scottish child payment, the date on which entitlement begins is the date on which the application is made or treated as made in accordance with regulation 5.

Ongoing entitlement

Circumstances in which assistance may be suspended

Having regard to financial circumstances

Information to be given following suspension

Right to review suspension

Ending a suspension

Effect of suspension ending

Interpretation: regulations 19A to 19F

Value and form of a Scottish child payment

Time of payment

Individual's right to stop receiving assistance

Later determination supersedes earlier