The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021

Citation, commencement and extent

1.—(1) This Order may be cited as the Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021.

(2) This Order comes into force on 26th July 2021.

(3) Each amendment made by this Order has the same extent as the provision being amended.

Amendment of the Income Support (General) Regulations 1987

2.  Schedule 1 contains amendments to the Income Support (General) Regulations 1987(1).

Amendment of the Income Support (General) Regulations (Northern Ireland) 1987

3.  Schedule 2 contains amendments to the Income Support (General) Regulations (Northern Ireland) 1987(2).

Amendment of the Jobseeker’s Allowance Regulations 1996

4.  Schedule 3 contains amendments to the Jobseeker’s Allowance Regulations 1996(3).

Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996

5.  Schedule 4 contains amendments to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(4).

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

6.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999(5) are amended as follows.

(2) In regulation 1(3) (interpretation etc), after the definition of “the Board”, insert—

““child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;”(6).

(3) In regulation 3(7)(b) (revision of decisions), after both occurrences of “benefit”, insert “or child disability payment”.

(4) In regulation 6(2)(e)(ii) (supersession of decisions), after both occurrences of “benefit”, insert “or child disability payment”.

(5) In regulation 7(7)(a) (date from which a decision superseded under section 10 takes effect), after both occurrences of “benefit”, insert “or child disability payment”.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

7.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(7) are amended as follows.

(2) In regulation 1(2) (interpretation), before the definition of “claimant”, insert—

““child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 in circumstances where regulation 36(1) of those Regulations applies;”.

(3) In regulation 3(7)(b) (revision of decisions), after both occurrences of “benefit”, insert “or child disability payment”.

(4) In regulation 6(2)(e)(ii) (supersession of decisions), after both occurrences of “relevant benefit”, insert “or child disability payment”.

(5) In regulation 7(7)(a) (date from which a decision superseded under Article 11 takes effect), after both occurrences of “benefit”, insert “or child disability payment”.

Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

8.—(1) The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(8) are amended as follows.

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

““child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;”.

(3) In regulation 4(7B)(b) (revision of decisions)—

(a)after “Act”, insert “or child disability payment”;

(b)after the second occurrence of “benefit”, insert “or child disability payment”.

(4) In regulation 7(2)(i)(ii) (decisions superseding earlier decisions)—

(a)after “Act”, insert “or child disability payment”;

(b)after the second occurrence of “benefit”, insert “or child disability payment”.

(5) In regulation 8(14) (date from which a decision superseding an earlier decision takes effect) after both occurrences of “benefit”, insert “or child disability payment”.

Amendment of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001

9.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(9) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation), after the definition of “benefit week”, insert—

““child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;”.

(3) In regulation 4(6B)(b) (revision of decisions), after “Order” and after the second occurrence of “benefit”, insert “or child disability payment”.

(4) In regulation 7(2)(h)(ii) (decisions superseding earlier decisions), after “Order” and after the second occurrence of “benefit”, insert “or child disability payment”.

(5) In regulation 8(12) (date from which a decision superseding an earlier decision takes effect) after both occurrences of “benefit”, insert “or child disability payment”.

Amendment of Schedule 2A to the State Pension Credit Regulations 2002

10.—(1) Schedule 2A to the State Pension Credit Regulations 2002(10) is amended as follows.

(2) In paragraph 9 (amount of additional payment)—

(a)in sub-paragraph (2), after “disability living allowance”, insert “, child disability payment (within the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021(11))”;

(b)in sub-paragraph (3), after paragraph (a), insert—

“(aa)entitled to the care component of child disability payment at the highest rate in accordance with regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021; or”.

Amendment of Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003

11.—(1) Schedule 2A to the State Pension Credit Regulations (Northern Ireland) 2003(12) (additional amount applicable for claimants responsible for a child or qualifying young person) is amended as follows.

(2) In paragraph 9 (amount of additional payment)—

(a)in sub-paragraph (2), after “disability living allowance”, insert “, child disability payment (within the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021)”;

(b)in sub-paragraph (3), after head (a), insert—

“(aa)entitled to the care component of child disability payment at the highest rate in accordance with regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021; or”.

Amendment of the Housing Benefit Regulations 2006

12.  Schedule 5 contains amendments to the Housing Benefit Regulations 2006(13).

Amendment of the Housing Benefit Regulations (Northern Ireland) 2006

13.  Schedule 6 contains amendments to the Housing Benefit Regulations (Northern Ireland) 2006(14).

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

14.  Schedule 7 contains amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(15).

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

15.  Schedule 8 contains amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(16).

Amendment of the Employment and Support Allowance Regulations 2008

16.  Schedule 9 contains amendments to the Employment and Support Allowance Regulations 2008(17).

Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008

17.  Schedule 10 contains amendments to the Employment and Support Allowance Regulations (Northern Ireland) 2008(18).

Amendment of the Child Support Maintenance Calculation Regulations 2012

18.—(1) Regulation 64 of the Child Support Maintenance Calculation Regulations 2012(19) (illness or disability of relevant other child) is amended as follows.

(2) In paragraph (2)—

(a)in sub-paragraph (a)(i), after “disability living allowance” insert “, child disability payment”;

(b)in sub-paragraph (a)(ii), after “disability living allowance” insert “, or the care component of child disability payment in accordance with regulation 11 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021,”;

(c)after sub-paragraph (a) insert—

“(ab)“child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021”.

(3) In paragraph (3)(b) after “disability living allowance” insert “, child disability payment”.

Amendment of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

19.—(1) Regulation 63 of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012(20) (illness or disability of relevant other child) is amended as follows.

(2) In paragraph (2)(a)—

(a)in head (i)(21), after “armed forces independence payment” insert “, child disability payment”;

(b)in head (ii)(22), after “disability living allowance” insert “, or the care component of child disability payment in accordance with regulation 11 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021,”;

(c)after sub-paragraph (aa) insert—

“(ab)“child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021”.

(3) In paragraph (3)(b)(23) after “armed forces independence payment” insert “, child disability payment”.

Amendment of the Universal Credit Regulations 2013

20.  Schedule 11 contains amendments to the Universal Credit Regulations 2013(24).

Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

21.—(1) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013(25) are amended as follows.

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

““child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;”.

(3) In regulation 12(b) (award of another benefit), after both occurrences of “benefit”, insert “or child disability payment”.

(4) In paragraph 31 of Schedule 1 (effective dates for superseding decisions made on the ground of a change of circumstances), in sub-paragraphs (1), (2)(a)(i), (2)(a)(ii) and (2)(a)(iii), after each occurrence of “benefit”, insert “or child disability payment”.

Amendment the Jobseeker’s Allowance Regulations 2013

22.—(1) Regulation 42 of the Jobseeker’s Allowance Regulations 2013(26) (remunerative work) is amended as follows.

(2) In paragraph (3)(c)—

(a)in paragraph (ii), after “disability living allowance”, insert “, child disability payment”;

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

(3) In paragraph (4)—

(a)after the definition of “armed forces independence payment”, insert—

““child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;”

(b)for the definition of “care component” substitute—

““care component” means—

Amendment of the Employment and Support Allowance Regulations 2013

23.—(1) Regulation 94 of the Employment and Support Allowance Regulations 2013(27) (meaning of “person in hardship”) is amended as follows.

(2) In paragraph (3)—

(a)in sub-paragraph (b), after “disability living allowance”, insert “, child disability payment”;

(b)in sub-paragraph (c)(ii), after “disability living allowance”, insert “, child disability payment”.

(3) In paragraph (7), for the definition of “care component” substitute—

““care component” means—

“child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;”.

Amendment of the Universal Credit Regulations (Northern Ireland) 2016

24.  Schedule 12 contains amendments to the Universal Credit Regulations (Northern Ireland) 2016(28).

Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016

25.—(1) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016(29) are amended as follows.

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

““child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 in circumstances where regulation 36(1) of those Regulations applies;”.

(3) In regulation 12(b) (award of another benefit), after both occurrences of “benefit”, insert “or child disability payment”.

(4) In paragraph 31 of Schedule 1 (effective dates for superseding decisions made on the ground of a change of circumstances), in sub-paragraphs (1) and (2)(a), after each occurrence of “benefit”, insert “or child disability payment”.

Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016

26.—(1) Regulation 41 of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016(30) (remunerative work) is amended as follows.

(2) In paragraph (3)(c)—

(a)in head (ii), after “disability living allowance”, insert “, child disability payment”;

(b)in head (iv), after “disability living allowance”, insert “, child disability payment”.

(3) In paragraph (4)—

(a)after the definition of “armed forces independence payment”, insert—

““child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;”;

(b)for the definition of “care component” substitute—

““care component” means—

Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2016

27.—(1) Regulation 94 of the Employment and Support Allowance Regulations (Northern Ireland) 2016(31) (meaning of “person in hardship”) is amended as follows.

(2) In paragraph (3)—

(a)in sub-paragraph (b), after “disability living allowance”, insert “, child disability payment”;

(b)in sub-paragraph (c)(ii), after “disability living allowance”, insert “, child disability payment”.

(3) In paragraph (7), for the definition of “care component” substitute—

““care component” means—

“child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;”.