(1) The Scottish Ministers may decide that an individual who has an ongoing entitlement to Child Disability Payment in respect of a period by virtue of regulation 26 is not to become entitled to be given some or all of either component or both components of that assistance at the time at which the individual otherwise would in accordance with that regulation, as read with regulation 25 (time of payment) (referred to in these Regulations as a decision to suspend the individual’s Child Disability Payment).

(2) Where such a decision is made in respect of an individual, payments of Child Disability Payment to that individual are to be suspended until such time as the Scottish Ministers decide to end the suspension in accordance with regulation 26E.

(3) The Scottish Ministers may decide to suspend an individual’s Child Disability Payment only in the circumstances where—

(a) section 54(1A) of the 2018 Act applies,

(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 Child Disability Payment on the individual’s behalf, and the Scottish Ministers consider that it is necessary to suspend the Child Disability 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 Child Disability Payment, or

(i) the individual, or

(ii) another person to be used for the benefit of the individual.

(4) In this regulation “financial abuse” includes—

(a) having money or other property stolen,

(b) being defrauded,

(d) having money or other property misused.

Having regard to financial circumstances

26B

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 either component or both components of Child Disability Payment.

Information to be given following suspension

26C

(1) Having made a decision to suspend an individual’s Child Disability Payment, the Scottish Ministers must inform the individual of—

(a) their decision to suspend the individual’s Child Disability 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 26D 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

26D

(1) An individual may require the Scottish Ministers to review a decision to suspend that individual’s Child Disability 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

26E

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

(a) the individual provides the information requested under section 54(1) of the 2018 Act and the Scottish Ministers consider that they do not require to make a determination without application,

(b) regulation 26A(3)(a) applies and the Scottish Ministers make a determination without application under regulation 30 (consideration of entitlement after specified period), 31 (determination following change of circumstances, etc.), 32 (determination following official error – underpayments), 33 (determination following error – overpayments) or 34 (determination to effect a deduction decision),

(d) the circumstances mentioned in regulation 26A(3)(b) or (c) 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

26F

When—

(a) the suspension of an individual’s Child Disability Payment ends, and

(b) under the latest determination of the individual’s entitlement to Child Disability Payment relating to the period of the suspension the individual would have become entitled to be given Child Disability Payment during that period,

the individual is immediately to be given the Child Disability Payment that the individual would have become entitled to be given under the determination during the period of suspension.

Form of payment – giving Child Disability Payment by way of deduction

When an increase in level of entitlement takes effect

When a decrease in level or cessation of entitlement takes effect

No entitlement to care component where UK is not competent state

9A

An individual to whom a relevant EU Regulation applies is not entitled to the care component for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the individual for the purposes of the relevant EU Regulation in question.

Entitlement to other benefits

Care component criterion: lowest, middle or highest rate care component

Mobility requirements: lower rate mobility component

Mobility requirements: higher rate mobility component

Exclusion of entitlement to mobility component

Individuals in respect of whom Disability Living Allowance was paid before 7 July 2023

35A

(1) This regulation applies where an individual—

(a) immediately before 7 July 2023—

(i) was entitled to Disability Living Allowance, and

(ii) either—

(aa) fell within the definition of a “relevant individual” in terms of regulation 41 and paragraph 7 of the schedule as they applied before 6 November 2025, or

(bb) would have fallen within the definition referred to in sub-head (aa) had the entitlement to Disability Living Allowance referenced in head (i) been established prior to 7 July 2023,

(b) has not had their entitlement transferred or otherwise become entitled to Child Disability Payment, and

(2) Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Child Disability Payment, entitlement to assistance is to begin in accordance with paragraph (3) to (5).

(3) Where, for the purpose of an application for Child Disability Payment—

(a) the full name and date of birth of an individual (“the required data”) is submitted by, or on behalf of, the individual to the Scottish Ministers within 26 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Disability Living Allowance was not transferred to an entitlement to Child Disability Payment, and

(b) an application is made within 32 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Disability Living Allowance was not transferred to an entitlement to Child Disability Payment,

entitlement begins on the day on which the individual’s entitlement to Disability Living Allowance ceased.

(4) Subject to paragraph (5), where the required data or application is submitted after the period described in paragraph (3)(a) or (b), entitlement to Child Disability Payment begins in accordance with regulation 24(4) to (6) (when an application is to be treated as made and beginning of entitlement to assistance).

(5) Where the Scottish Ministers are satisfied that there is a good reason why the required data or application was submitted after the period described in paragraph (3)(a) or (b), they may treat the required data as having been submitted, or the application as having been made, within that period.

(6) In this regulation and regulation 35B, references to transfer to Child Disability Payment are to transfer by virtue of regulation 41 and Part 3 of the schedule, as they applied before 6 November 2025.

Individuals with entitlement to Child Disability Payment in respect of whom Disability Living Allowance was paid before 7 July 2023

35B

(1) This regulation applies where an individual—

(a) immediately before 7 July 2023—

(i) was entitled to Disability Living Allowance, and

(ii) either—

(aa) fell within the definition of a “relevant individual” in terms of regulation 41 and paragraph 7 of the schedule as they applied before 6 November 2025, or

(bb) would have fallen within the definition referred to in sub-head (aa) had the entitlement to Disability Living Allowance referenced in head (i) been established prior to 7 July 2023,

(b) has not had their entitlement transferred to Child Disability Payment,

(d) is not a person to whom regulation 35(1) applies.

(2) The Scottish Ministers must make a determination of an individual’s entitlement to Child Disability Payment, without receiving an application, where they become aware that paragraph (1) applies to that individual.

(3) Where a determination is made under paragraph (2) that an individual is entitled to Child Disability Payment, entitlement to assistance is to begin on the day on which the individual’s entitlement to Disability Living Allowance ceased.

Individuals in respect of whom Child Disability Payment is paid at the time of moving to another part of the United Kingdom

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