PART 1 Introductory

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) (No. 2) Order 2021.

(2) This Order comes into force on the day after the day on which it is made.

(3) Part 2 extends to England and Wales only.

(4) Part 3 extends to England and Wales and to Scotland only.

(5) Part 4 extends to Northern Ireland only.

PART 2 England and Wales

Amendment of Section 70 of the Social Security Contributions and Benefits Act 1992

2. —(1)Section 70 of the Social Security Contributions and Benefits Act 1992( 2 ) (carer’s allowance) is amended as follows.

(2) In subsection (2) after “( S.I. 2011/517 )” insert “or a child disability payment by virtue of entitlement to the care component at the highest or middle rate by virtue of regulations made under section 31 of the Social Security (Scotland) Act 2018 (asp 9) ” .

PART 3 England and Wales, and Scotland

Amendment of Section 150 of the Social Security Contributions and Benefits Act 1992

3. —(1)Section 150 of the Social Security Contributions and Benefits Act 1992( 3 ) (interpretation of Part X) is amended as follows.

(2) In subsection (2) in the definition of “attendance allowance”, after paragraph (f), insert—

“ (g) a child disability payment given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018 (asp 9) ; ” .

Amendment of regulation 37 of the State Pension Regulations 2015

4. —(1)Regulation 37 of the State Pension Regulations 2015( 4 ) (credits for persons engaged in caring) is amended as follows.

(2) In paragraph (4) in the definition of “relevant benefit”, after sub-paragraph (g), insert—

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

PART 4 Northern Ireland

Amendment of Section 70 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992

5. —(1)Section 70 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992( 6 ) (Carer’s allowance) is amended as follows.

(2) At the end of subsection (2)(d) omit “or”.

(3) After subsection (2)(d) insert—

“ (da) a child disability payment by virtue of entitlement to the care component at the highest or middle rate by virtue of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 in circumstances where the person is resident in Northern Ireland and regulation 36(1) of those Regulations applies; or ” .

Amendment of regulation 37 of the State Pension Regulations (Northern Ireland) 2015

6. —(1) Regulation 37 of the State Pension Regulations (Northern Ireland) 2015( 7 ) (credits for persons engaged in caring) is amended as follows.

(2) In paragraph (4) in the definition of “relevant benefit”, after sub-paragraph (g), insert—

“ (h) the care component of child disability payment at the middle or highest rate in accordance with regulation 11 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 in circumstances where the person is resident in Northern Ireland and regulation 36(1) of those Regulations applies. ” .