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The Scottish Child Payment Regulations 2020

Consolidated Text As Enacted Cited authorities 40 Cited in Related
Vincent
JurisdictionScotland
CitationSSI 2020/351
Year2020
  • These Regulations may be cited as the Scottish Child Payment Regulations 2020.
  • These Regulations come into force on the first Monday after the day on which they are made.
    • (1) Part 2 makes provision about the interpretation of these Regulations.(2) Part 3 makes provision about eligibility and the assistance that is to be given to eligible individuals in connection with having responsibility for a child (referred to in these Regulations as a “Scottish child payment”) .(3) Part 4 makes transitory provision.(4) The schedule makes provision about matters of procedure for applying for, and determining entitlement to, a Scottish child payment.
  • In these Regulations “
  • A reference to the day on which an application is made means the day on which an application is received by the Scottish Ministers or, as the context may require, the day on which the application is treated as having been made by virtue of regulation 25 or the schedule.
  • a Saturday,
  • a Sunday, or
  • a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971
  • When calculating the age of a child born on 29 February for the purposes of these Regulations, in a non-leap year the birthday of the child is to be taken to be 28 February.
  • A “
  • the child is a dependant of the individual on that day,
  • the child is a dependant of the individual's partner on that day.
  • A person (“A”) is the partner of another person (“B”) on a day only if, on that day, A and B would be regarded as a couple for the purposes of Part 1 of the Welfare Reform Act 2012
  • the person is a qualifying person in relation to the child within the meaning of section 72(2) of the Children and Young People (Scotland) Act 2014
  • a kinship care order as defined in section 72(1) of the Children and Young People (Scotland) Act 2014, or
  • a local authority by which the child is looked after within the meaning of section 17(6) of the Children (Scotland) Act 1995
  • a local authority in England or Wales by which the child is looked after within the meaning of section 105(4) of the Children Act 1989
  • an authority in Northern Ireland by which the child is looked after within the meaning of article 25 of the Children (Northern Ireland) Order 1995
    • paragraph (2) applies, oron that day the person is a kinship carer for the child.child tax credit, child benefit or state pension credit for the day in question (or for a period that includes that day) , oruniversal credit for an assessment period that includes the day in question, andthe child is recognised to be a child for whom the person has responsibility in terms of that award of assistance.(3) It is immaterial for the purpose of this regulation that the award of assistance to that person referred to in paragraph (2) does not include any amount in respect of the child due to a rule that restricts the number of dependants in respect of whom the person can be given that type of assistance.under paragraph 3 of the schedule, or(following a request for a re-determination) under paragraph 16 of the schedule,under paragraph 22 of the schedule in an appeal against a determination made by the Scottish Ministers, or(subsequent to such an appeal) under its Tribunals Act powers,by the Upper Tribunal for Scotland under its Tribunals Act powers (subsequent to an appeal against, or following a review of, a decision of the First-tier Tribunal) .(2) In this regulation, “Tribunals Act powers” means powers under Part 6 (review or appeal of decisions) of the Tribunals (Scotland) Act 2014 .a decision about whether or not the eligibility rules specified in regulation 18 are satisfied in the individual's case,if those rules are satisfied, a decision (taken in accordance with these Regulations) about what assistance the individual is entitled to be given, andif the determination is to be made on the basis that the individual has ongoing entitlement to a Scottish child payment, a decision about what assistance the determination is to entitle the individual to be given in the future.
  • child tax credit under the Tax Credits Act 2002
  • income-based jobseeker's allowance under the Jobseekers Act 1995
  • income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007
  • income support under Part VII of the Social Security Contributions and Benefits Act 1992
  • state pension credit under the State Pension Credit Act 2002
  • universal credit under Part 1 of the Welfare Reform Act 2012
  • working tax credit under the Tax Credits Act 2002
    • the award was made in error (whether or not induced by the individual) , orthe sum awarded to the individual for the day or the period is £0.in respect of any liability the individual has to another person, orby way of a sanction,
  • “
  • The Scottish...

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