Social Security Citation, commencement and extent 1 1 These Regulations may be cited as the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 and, with the exception of regulation 2(3), come into force on 14 November 2022. 2 Regulation 2(3) of these Regulations comes into force on 28 November 2022. 3 These Regulations extend to Scotland only. Amendment of the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 2 1 The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 are amended in accordance with paragraphs (2) to (6). 2 In regulation 9 (meaning of being responsible for a child)— a in paragraph (1)(c), after “section 54” insert “or section 54A” , b for paragraph (3) substitute— 3 For the purpose of paragraph (1)(g), an individual is a kinship carer for a child on a day if— a the individual is— i a person who is related to the child, ii a person who is known to the child and with whom the child has a pre-existing relationship, or iii a friend or acquaintance of a person related to the child, and b on that day, the child lives with the individual (exclusively or predominantly) under the terms of— i a kinship care order as defined in section 72(1) of the Children and Young People (Scotland) Act 2014 , ii any other order under section 11(1) of the Children (Scotland) Act 1995 (“ the 1995 Act ”) , or iii an agreement between the individual, the individual’s partner or both of them and— aa a local authority by which the child is looked after within the meaning of section 17(6) of the 1995 Act , bb 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 (“ the 1989 Act ”) , or cc 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 (“ the 1995 Order ”) . 4 A person described in paragraph (3)(a) must not be— a the parent of the child within the meaning of section 15(1) of the 1995 Act, b a foster carer within the meaning of regulation 2 of the Looked After Children (Scotland) Regulations 2009 , c a local authority foster parent in England and Wales within the meaning of section 105(1) of the 1989 Act, or d an authority foster parent in Northern Ireland within the meaning of article 27(3) of the 1995 Order. 5 In paragraph (3)(a) “ related ” means related either by blood, marriage or civil partnership. . 3 In schedule 1 (procedural matters), Part 2 (determination without application), after paragraph 5 (determination following backdated award of assistance) insert— Determination following award of Scottish child payment 5A 1 The Scottish Ministers are to make a determination of an individual’s entitlement to an early learning grant or a school-age grant in connection with a child (without receiving an application) where the circumstances described in sub-paragraph (2) are met. 2 The circumstances referred to in sub-paragraph (1) are that— a a determination has been made that the individual is entitled to a Scottish child payment in respect of the child and the individual has an ongoing entitlement to that payment by virtue of regulation 19 of the Scottish Child Payment Regulations, b the individual’s Scottish child payment in respect of the child is not currently suspended within the meaning of regulation 19G(a) of the Scottish Child Payment Regulations, and c it appears to the Scottish Ministers from the available information that the individual is likely to be entitled to an early learning grant or a school-age grant in respect of the child. 3 Where a determination is to be, or has been, made without an application by virtue of this paragraph, references in these Regulations to the day the application is made are to be read as references to the day the determination is made. 4 Where an individual who is entitled to a Scottish child payment requests that the Scottish Ministers do not make a determination (without receiving an application) of the individual’s entitlement to an early leaning grant or school-age grant— a the Scottish Ministers are not to make a determination (without receiving an application) under sub-paragraph (1), and b accordingly, their duty to do so under sub-paragraph (1) ceases to apply. 5 In this paragraph— a “ Scottish child payment ” means Scottish child payment assistance given in accordance with the Scottish Child Payment Regulations, b “ Scottish Child Payment Regulations ” means the Scottish Child Payment Regulations 2020 , and c “ the available information ” means— i the information provided in the individual’s application for the Scottish child payment, ii any other information obtained by the Scottish Ministers in connection with that application, and iii any other information available to them that is relevant to their consideration of whether the individual is entitled to an early learning grant or a school-age grant. . 4 In schedule 2 (pregnancy and baby grant)— a in paragraph 1 (eligibility)— i at the end of sub-paragraph (d)(iv) insert “and” , ii at the end of sub-paragraph (e)(iv)(bb) omit “and”, and iii omit sub-paragraph (f), b in paragraph 4 (residence requirement)— i in sub-paragraph (2)(ab)(i) before “leave” insert “has” , ii at the end of sub-paragraph (2)(ac)(i) omit “or”, iii at the end of sub-paragraph (2)(ac)(ii) for “;” substitute “, or” , and iv after sub-paragraph (2)(ac)(ii) insert— iii does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, , c in paragraph 6 (the basic amount)— i for sub-paragraph (2)(b)(v) substitute— a child for whom neither the individual nor their partner is responsible, , ii after sub-paragraph (2)(b)(v) insert— vi a child in any one of the circumstances described in sub-paragraph (4), (5) or (6) , and iii after sub-paragraph (3) insert— 4 The circumstance referred to in sub-paragraph (2)(b)(vi) is that— a the child mentioned in sub-paragraph (2)(b)(vi) was, at the time of that child’s birth, not a child of the— i individual to whom the grant is to be given, or ii individual’s partner (where the individual has a partner on the day the application is made), and b the individual first became responsible for the child mentioned in sub-paragraph (2)(b)(vi) when that child was aged 12 months or older. 5 The circumstance referred to in sub-paragraph (2)(b)(vi) is that the individual to whom the grant is to be given has left their home with the child mentioned in sub-paragraph (2)(b)(vi) due to domestic abuse. 6 The circumstance referred to in sub-paragraph (2)(b)(vi) is that— a the child mentioned in sub-paragraph (2)(b)(vi) was born before the individual to whom the grant is to be given arrived in the United Kingdom, and b the individual to whom the grant is to be given is one of the following— i a person who has leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 1971 (“ the 1971 Act ”) by virtue of— aa the Afghan Relocations and Assistance Policy, or bb the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme), ii a person who has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), iii a person who has leave granted under the Afghan Citizens Resettlement Scheme, iv a person with leave to enter or remain in the United Kingdom granted under or outside the immigration rules made under section 3(2) of the 1971 Act, or with a right of abode in the United Kingdom within the meaning of section 2 of that Act or who does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of the Act, where the person— aa was residing in Ukraine immediately before 1 January 2022, and bb left Ukraine in connection with the Russian invasion which took place on 24 February 2022, v a refugee within the definition in Article 1 of the Convention relating to the status of refugees done at Geneva on 28 July 1951, as extended by article 1(2) of the Protocol relating to the status of refugees done at New York on 31 January 1967, or vi a person who has humanitarian protection granted under the rules made under section 3(2) of the 1971 Act. 7 In paragraph (6) “ the Afghan Citizens Resettlement Scheme ” has the same meaning as in paragraph 4. , d after paragraph 10 (meaning of “ sure start maternity grant ”) insert— Meaning of “domestic abuse” 11 1 Subject to sub-paragraph (3), in this schedule, “ domestic abuse ” means abusive behaviour within the meaning of sections 2 and 3 of the Domestic Abuse (Protection) (Scotland) Act 2021 (“ the 2021 Act ”). 2 For the purposes of this schedule, sections 2 and 3 of the 2021 Act apply as if— a references to “person A” were references to the partner or the ex-partner of the individual to whom the grant is to be given, and b references to “person B” were references to the individual to whom the grant is to be given. 3 Sub-paragraphs (4) to (13) have effect until the day on which sections 2 and 3 of the 2021 Act come into force. 4 “ Abusive behaviour ” means behaviour by the partner or ex-partner of the individual to whom the grant is to be given (“ person A ”) which is abusive of the individual to whom the grant is to be given (“ person B ”). 5 Behaviour by person A is abusive of person B if a reasonable person would consider the behaviour to be likely to cause person B to suffer physical or psychological harm. 6 Behaviour is behaviour of any kind, including (for example)— a saying or otherwise communicating as well as doing something, b intentionally failing— i to do something, ii to say or otherwise communicate something. 7 Behaviour directed at a person is such behaviour however carried out, including (in particular)— a by way of conduct towards property, b through making use of a third party, as well as behaviour in a personal or direct manner. 8 In sub-paragraph (5), the reference to psychological harm includes fear, alarm and distress. 9 Behaviour may consist of a single incident or a course of conduct. 10 Behaviour which is abusive of person B includes (in particular)— a behaviour directed at person B that is violent, threatening or intimidating, b behaviour directed at person B, at a child of person B or at another person that either— i has its purpose (or among its purposes) one or more of the relevant effects set out in sub-paragraph (11), or ii would be considered by a reasonable person to be likely to have one or more of the relevant effects set out in sub-paragraph (11). 11 The relevant effects are of— a making person B dependent on, or subordinate to, person A, b isolating person B from friends, relatives or other sources of support, c controlling, regulating or monitoring person B’s day-to-day activities, d depriving person B of, or restricting person B’s, freedom of action, e frightening, humiliating, degrading or punishing person B. 12 In sub-paragraph (10)(a), the reference to violent behaviour includes sexual violence as well as physical violence. 13 Person A and person B are partners (and “ ex-partners ” is to be construed accordingly) if they are— a spouses or civil partners of each other, or b in an intimate personal relationship with each other. . 5 In schedule 3 (early learning grant)— a in paragraph 1 (eligibility)— i at the end of sub-paragraph (e) insert “and” , ii at the end of sub-paragraph (f)(iv)(bb) omit “and”, and iii omit sub-paragraph (g), and b in paragraph 3 (residence requirement)— i at the end of sub-paragraph (2)(ac)(i) omit “or”, ii at the end of sub-paragraph (2)(ac)(ii) substitute “;” for “, or”, iii after sub-paragraph (2)(ac)(ii) insert— iii does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, . 6 In schedule 4 (school-age grant)— a in paragraph 1 (eligibility)— i at the end of sub-paragraph (e) insert “and” , ii at the end of sub-paragraph (f)(iv)(bb) omit “and”, and iii omit sub-paragraph (g), and b in paragraph 4 (residence requirement)— i at the end of sub-paragraph (2)(ac)(i) omit “or”, ii at the end of sub-paragraph (2)(ac)(ii) insert “or” , iii after sub-paragraph (2)(ac)(ii) insert— iii does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, . Amendment of the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 3 1 The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 are amended in accordance with paragraphs (2) to (6). 2 In regulation 2 (general interpretation), omit— a the definition of “kinship carer”, and b the word “and” immediately following the definition. 3 In regulation 4(1)(c) (meaning of being “responsible” for a child), after “section 54” insert “or section 54A” . 4 After regulation 5 (meaning of “ dependant ”) insert— Meaning of “kinship carer” 5A 1 An individual is a kinship carer for a child on a day if— a the individual is— i a person who is related to the child, ii a person who is known to the child and with whom the child has a pre-existing relationship, or iii a friend or acquaintance of a person related to the child, and b on that day, the child lives with the individual (exclusively or predominantly) under the terms of— i a kinship care order as defined in section 72(1) of the Children and Young People (Scotland) Act 2014, ii any other order under section 11(1) of the Children (Scotland) Act 1995 (“ the 1995 Act ”), or iii an agreement between the individual, the individual’s partner or both of them and— aa a local authority by which the child is looked after within the meaning of section 17(6) of the 1995 Act , bb 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 (“ the 1989 Act ”), or cc 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 (“ the 1995 Order ”). 2 A person described in paragraph (1)(a) must not be— a the parent of the child within the meaning of section 15(1) of the 1995 Act, b a foster carer within the meaning of regulation 2 of the Looked After Children (Scotland) Regulations 2009 , c a local authority foster parent in England and Wales within the meaning of section 105(1) of the 1989 Act, or d an authority foster parent in Northern Ireland within the meaning of article 27(3) of the 1995 Order. 3 In paragraph (1)(a) “ related ” means related either by blood, marriage or civil partnership. . 5 In regulation 9(2)(ac) (residence requirement)— a at the end of head (i) omit “or”, b at the end of head (ii) insert “or” , c after head (ii) insert— iii does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, . 6 For regulation 10(1)(h) (kinds of assistance) substitute— h universal credit, where— i the person is a single claimant of universal credit and has an earned income of £660 or less, or ii the person is one of joint claimants of universal credit and the joint claimants have combined earned income of £660 or less, in the period specified in paragraph (2) . Amendment of the Scottish Child Payment Regulations 2020 4 1 The Scottish Child Payment Regulations are amended in accordance with paragraphs (2) to (8). 2 For regulation 4 (references to the 2018 Act) substitute— Interpretation 4 In these Regulations— “ the 2018 Act ” means the Social Security (Scotland) Act 2018 , “ child ” means a person under the age of 16, and “ coronavirus ” means severe acute respiratory syndrome coronavirus 2 (SARS CoV-2). . 3 For regulation 11 (meaning of “ kinship carer ”), substitute— 11 1 An individual is a kinship carer for a child on a day if— a the individual is— i a person who is related to the child, ii a person who is known to the child and with whom the child has a pre-existing relationship, or iii a friend or acquaintance of a person related to the child, and b on that day, the child lives with the individual (exclusively or predominantly) under the terms of— i a kinship care order as defined in section 72(1) of the Children and Young People (Scotland) Act 2014, ii any other order under section 11(1) of the Children (Scotland) Act 1995 (“ the 1995 Act ”) , or iii an agreement between the individual, the individual’s partner or both of them and— aa a local authority by which the child is looked after within the meaning of section 17(6) of the 1995 Act , bb 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 (“ the 1989 Act ”) , or cc 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 (“ the 1995 Order ”) . 2 A person described in paragraph (1)(a) must not be— a the parent of the child within the meaning of section 15(1) of the 1995 Act, b a foster carer within the meaning of regulation 2 of the Looked After Children (Scotland) Regulations 2009 , c a local authority foster parent in England and Wales within the meaning of section 105(1) of the 1989 Act, or d an authority foster parent in Northern Ireland within the meaning of article 27(3) of the 1995 Order. 3 In paragraph (1)(a) “ related ” means related either by blood, marriage or civil partnership. . 4 In regulation 18(b) (eligibility for a Scottish child payment), for “6” substitute “16” . 5 After regulation 18 (eligibility for a Scottish child payment) insert— 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. . 6 In regulation 20 (value and form of a Scottish child payment)— a in paragraph (1) for “£20” substitute “£25” , b after paragraph (4) insert— 5 For each week in the period of 12 weeks ending with the death of the child, the amount of Scottish child payment that is to be given to the individual is the weekly rate, multiplied by two. . 7 For regulation 21(2) (time of payment) substitute— 2 Except where paragraph (3) applies, where a determination is made that an individual is entitled to a Scottish child payment, the Scottish Ministers are to make— a the first payment of a Scottish child payment on a date specified in the determination, and b subsequent payments in the last week of each successive period of 4 weeks in which the individual continues to be entitled to a Scottish child payment for at least one week by virtue of regulation 19. . 8 In the schedule (procedural matters)— a in paragraph 11(3) (determination following award of a Scottish child payment in respect of another child)— i in head (b), at the beginning insert “where the child is under 6 years old” , and ii at the end of head (b) insert “or” , iii after head (b) insert— c where the child is 6 years old or older, such earlier day which is— i not more than 4 weeks before that day on which the child was recognised to be a child for whom the individual has responsibility in terms of an award of assistance mentioned in regulation 12(2)(a), and ii on or after 14 November 2022. , b in paragraph 12(5) (determination following cessation of award of a Scottish child payment)— i for “the determination” substitute “the day on which the change of circumstances” , ii after “(3)” insert “occurred” , c in paragraph 34 (re-determination and appeal deadlines), omit sub-paragraph (4), and d in paragraph 35 (timing of applications for Scottish child payment), omit sub-paragraph (4). 9 In this regulation and in regulation 5 “ the Scottish Child Payment Regulations ” means the Scottish Child Payment Regulations 2020 . Transitional and consequential provision in connection with regulation 4 5 1 Any application for a Scottish child payment under the Scottish Child Payment Regulations in respect of a child who is aged 6 years old or older which is made before 14 November 2022 is to be treated for the purposes of those Regulations as having been made on 14 November 2022. 2 Where the Scottish Ministers make a determination without receiving an application by virtue of Part 2 of the schedule of the Scottish Child Payment Regulations that an individual is entitled to a Scottish child payment in respect of— a a period that includes one or more days falling before 14 November 2022, and b a child who reached the age of 6 before that date, the individual’s entitlement begins on 14 November 2022. 3 In the case of any application to which paragraph (1) applies, regulation 18A of the Scottish Child Payment Regulations is to be read as though, for the words from “begins” to the end there were substituted “begins is 14 November 2022” . 4 In the case of any determination to which paragraph (2) applies, regulation 18A of the Scottish Child Payment Regulations does not apply. 5 For the purposes of paragraph (1), an application is “made” on the date it is received by the Scottish Ministers. Amendment of disability and carer’s benefit legislation 6 1 In paragraph (1)(f) in the provisions specified in paragraph 2(a) to (d)— a for “or a right” substitute “a right” , b after “1971” insert “, or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act” . 2 Those provisions are— a regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976 , b regulation 2C of the Social Security (Attendance Allowance) Regulations 1991 , c regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991 , and d regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013 . Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 7 In regulation 8(2) of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 (conditions relating to residence) — a in sub-paragraph (ab)(i) omit “or”, b at the end of sub-paragraph (ab)(ii) insert “or” , c after sub-paragraph (ab)(ii) insert— iii does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, . Amendment of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 8 In regulation 5(10A)(f) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (residence and presence conditions) — a for “or a right” substitute “has a right” , and b after “1971” insert “or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act” . Amendment of the Disability Assistance for Working Age People (Scotland) Regulations 2022 9 In regulation 15(7)(d) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (residence and presence conditions) — a for “or a right” substitute “has a right” , and b after “1971” insert “or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act” . BEN MACPHERSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 10th November 2022