The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021

Made: 10th February 2021

Laid before the Scottish Parliament: 12th February 2021

Coming into force: 26th July 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 95 of the Social Security (Scotland) Act 2018 and all other powers enabling them to do so.

Citation and commencement

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These Regulations may be cited as the Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 and come into force on 26 July 2021.

Amendment of the Council Tax (Discounts) (Scotland) Regulations 1992

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In regulation 2(3)(c) (care workers) of the Council Tax (Discounts) (Scotland) Regulations 1992 —

• (a) omit “or” after head (iii),

• (b) after head (iiib), insert—

(iiic) the highest rate of the care component of child disability payment in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 , or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the highest rate of the care component of child disability payment, or

Amendment of the National Assistance (Assessment of Resources) Regulations 1992

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• (1) The National Assistance (Assessment of Resources) Regulations 1992 are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 2 (interpretation) —

• (a) after the definition of “child benefit”, insert—

“child disability payment” means disability assistance for children and young people given in accordance with the Child Disability Payment Regulations, “Child Disability Payment Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021 ,

• (b) after the definition of “severe disablement allowance”, insert—

“short-term assistance” means assistance given in accordance with Part 1 of the schedule of the Child Disability Payment Regulations,

• (3) In paragraph 3 of schedule 2 (sums to be disregarded in the calculation of earnings) —

• (a) in sub-paragraph (2)(b)(i)—

• (i) after “attendance allowance,” insert “ child disability payment, ”,

• (ii) after “mobility supplement” for “or” substitute “ , ”, and

• (iii) after “severe disablement allowance” insert “ or short-term assistance ”,

• (b) before “; or” at the end of sub-paragraph (2)(b)(vi), insert—

, or (vii) would be in receipt of the care component of child disability payment had the amount of that component to which the individual is entitled not been reduced to £0 in accordance with regulation 17 (effect of admission to a care home on ongoing entitlement to care component) or regulation 20 (entitlement beginning while in alternative accommodation) of the Child Disability Payment Regulations due to the individual being resident in a care home for more than 28 days

• (c) after sub-paragraph (2), insert—

(3) In sub-paragraph (2)(b)(vii), “care home” has the meaning given in regulation 2 of the Child Disability Payment Regulations.

• (4) In schedule 3 (sums to be disregarded in the calculation of income other than earnings) —

• (a) in paragraph 4, after “disability living allowance”, insert “ , the mobility component of child disability payment, any payment of short-term assistance where the “earlier determination” mentioned in paragraph 1(1)(a) of Part 1 of the schedule (short-term assistance) of the Child Disability Payment Regulations awarded the mobility component of child disability payment ”,

• (b) in paragraph 6—

• (i) omit “or” at the end of sub-paragraph (b),

• (ii) after sub-paragraph (c), insert—

, (d) the care component of child disability payment, or (e) any payment of short-term assistance where the “earlier determination” mentioned in paragraph 1(1)(a) of Part 1 of the schedule (short-term assistance) of the Child Disability Payment Regulations awarded the care component of child disability payment.

Amendment of the Advice and Assistance (Scotland) Regulations 1996

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• (1) The Advice and Assistance (Scotland) Regulations 1996 are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 16 (payment of fees and outlays from property recovered or preserved), after paragraph (2)(ca) insert—

(cb) to child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 or short-term assistance given in accordance with Part 1 of the schedule (short-term assistance) of those Regulations,

• (3) In schedule 2 (assessment of disposable capital and disposable income), after paragraph 5(d)(a) insert—

(aza) child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 , (azb) short-term assistance given in accordance with Part 1 of the schedule of those Regulations,

Amendment of the Education (Student Loans) Regulations 1998

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In the definition of “disability related benefits” in paragraph 1 of schedule 2 (terms of loans) of the Education (Student Loans) Regulations 1998 , after “2011,” insert “ child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 , short-term assistance given in accordance with Part 1 of the schedule (short-term assistance) of those Regulations, ”.

Amendment of the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000

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• (1) The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 4(2) (description of disabled persons) after sub-paragraph (ac) insert—

(ad) receives the higher rate of the mobility component of child disability payment in accordance with regulation 13 (mobility requirements: higher rate mobility component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 , or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the higher rate of the mobility component of child disability payment,

• (3) In regulation 6(2)(b) (fee for issue and period of issue of a badge)—

• (a) in the opening words, after “4(2)(a)” insert “ , 4(2)(ad) ”,

• (b) in head (ii) after “allowance” insert “ , the child disability payment, the short-term assistance ”.

Amendment of the Repayment of Student Loans (Scotland) Regulations 2000

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In the definition of “disability related benefit” in regulation 2 (interpretation) of the Repayment of Student Loans (Scotland) Regulations 2000 , after “2011” insert “ , child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 , short-term assistance given in accordance with Part 1 of the schedule (short-term assistance) of those Regulations ”.

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

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In paragraph 7 of schedule 2 (rules for computing disposable income) of the Civil Legal Aid (Scotland) Regulations 2002 , after sub-paragraph (h) insert—

(i) child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 , (j) short-term assistance given in accordance with Part 1 of the schedule (short-term assistance) of those Regulations.

Amendment of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003

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In article 4 (the severely mentally impaired) of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 , after paragraph (2)(d), insert—

(da) the highest or middle rate of the care component of child disability payment in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 , or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the highest or middle rate of the care component of child disability payment,

Amendment of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003

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In Table B in Part 2 of the schedule (calculation of requirements) of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 , in column 2 of the entry which modifies the table in schedule 2 of the Income Support (General) Regulations 1987, in sub-paragraph (1)(b) of the substituted paragraph 13A, after head (ii) insert—

(iia) in receipt of the highest rate of the care component of child disability payment in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (or would be in receipt of that component at that rate had the amount of that component to which the claimant is entitled not been reduced to £0 in accordance with regulation 17 (effect of admission to a care home on ongoing entitlement to care component) or regulation 20 (entitlement beginning while in alternative accommodation) of those Regulations, where the claimant is resident in a care home), (iib) in receipt of short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the highest rate of the care component of child disability payment,

Amendment of the National Bus Travel Concession Scheme for Older and Disabled Persons (Eligible Persons and Eligible Services) (Scotland) Order 2006

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• (1) Article 3 (eligible persons) of the National Bus Travel Concession Scheme for Older and Disabled Persons (Eligible Persons and Eligible Services) (Scotland) Order 2006 is amended in accordance with paragraphs (2) to (5).

• (2) In paragraph (b), after sub-paragraph (iiia), insert—

(iiib) the higher rate of the mobility component of child disability payment in accordance with regulation 13 (mobility requirements: higher rate mobility component) of the Child Disability Payment Regulations, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the higher rate of the mobility component of child disability payment, (iiic) the highest or middle rate of the care component of child disability payment in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Child Disability Payment Regulations, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the highest or middle rate of the care component of child disability payment,

• (3) In paragraph (k)—

• (a) omit “or” at the end of sub-paragraph (iv),

• (b) after sub-paragraph (v) insert—

, or (vi) are in receipt of the highest or middle rate of the care component of child disability payment given in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Child Disability Payment Regulations, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the highest or middle rate of the care component of child disability payment,

• (4) In paragraph (m), after sub-paragraph (iii) insert—

(iv) is in receipt of the highest or middle rate of the care component of child disability payment in accordance with regulation 11 (care component criterion: lowest, middle or highest rate care component) of the Child Disability Payment Regulations, or short-term assistance in accordance with Part 1 of the schedule (short-term assistance) of those Regulations where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the highest or middle rate of the care component

• (5) After article 3, insert—

(3A) (1) Article 3 is to be interpreted in accordance with paragraphs (2) and (3). (2) References to “the Child Disability Payment Regulations” are to the Disability Assistance for Children and Young People (Scotland) Regulations 2021 . (3) A person is to be regarded as being in receipt of a rate of the care component of child disability payment in accordance with the Child Disability Payment Regulations during any period in which the person would be in receipt of that rate were it not for— (a) regulation 17(2) (effect of admission to a care home on ongoing entitlement to care component) of those Regulations, or (b) regulation 20 (entitlement beginning while in alternative accommodation) of those Regulations, where the person is resident in a care home.

Amendment of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007

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In paragraph (6) of regulation 8 (additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of blindness or other disability) of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 —

• (a) omit “or” at the end of sub-paragraph (a), and

• (b) after sub-paragraph (a) insert—

(aa) the applicant is in receipt of the higher rate of the mobility component of child disability payment (payable in accordance with regulation 13 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 ), or short-term assistance (payable in accordance with Part 1 of the schedule (short-term assistance) of those Regulations) where the “earlier determination” referred to in paragraph 1(1)(a) of that schedule awarded the higher rate of the mobility component of child disability payment because of the disability specified in the application and makes a statement to that effect in the application, or

Amendment of the Council Tax Reduction (Scotland) Regulations 2012

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Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012

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• (1) The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 are amended in accordance with paragraphs (2) to (9).

• (2) In regulation 2(1) (interpretation), after the definition of “child benefit” insert—

“child disability payment” means— (a) disability assistance for children and young people given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (and references to the care component of that payment are to be construed in accordance with regulation 2 of those Regulations), and (b) where short-term assistance is being given under Part 1 of the schedule of those Regulations (short-term assistance), the “earlier determination” referred to in paragraph 1(1)(a) of that schedule is to be deemed to continue in payment for the purposes of these Regulations,

• (3) In regulation 27(1)(j) (meaning of “income”), after head (iii) insert—

(iiia) child disability payment,

• (4) In regulation 29 (treatment of child care charges)—

• (a) after paragraph (11)(f)(iv), insert—

(ivza) child disability payment;

• (b) in paragraph (14)(a), after “allowance” insert “ , child disability payment ”.

• (5) In regulation 48 (non-dependant deductions)—

• (a) in paragraph (6)(b)—

• (i) omit “or” at the end of head (ii),

• (ii) after head (ii) insert—

(iiza) the care component of child disability payment,

• (iii) at the end of head (iia) insert “ or ”,

• (b) in paragraph (9)(a), after “disability living allowance” insert “ , child disability payment ”.

• (6) In Part 3 (disability premiums) of schedule 1 (applicable amount)—

• (a) in paragraph 6(2), after “the 1992 Act” insert “ , the care component of child disability payment at the highest or middle rate ”,

• (b) in paragraph 7(2)(b)(ii), after “the 1992 Act” insert “ the care component of child disability payment at the highest or middle rate ”,

• (c) in paragraph 8(1),—

• (i) omit “or” at the end of head (a),

• (ii) after head (b) insert—

, or (c) the care component of child disability payment at the highest rate is payable, or would be payable were it not for regulation 17(2) (effect of admission to a care home on ongoing entitlement to care component) or regulation 20 (entitlement beginning while in alternative accommodation), where the person is resident in a care home, of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, in respect of a child or young person who is a member of the applicant's family.

• (d) in paragraph 9(a), after “disability living allowance” insert “ , child disability payment ”.