Winter Heating Assistance for Children and Young People (Scotland) Amendment Regulations: scrutiny report

Prior to 1 September 2020, a child who was entitled to DLA immediately prior to age 16 was required to apply for PIP on or after reaching 16. Following the devolution of competence for disability benefits, the Scottish Government amended the eligibility criteria for DLA to allow a young person to remain entitled to that benefit, before being required to apply for PIP at age 18 instead. This is known as the ‘Rising 16s’ policy and will also apply to CDP. However, young people (aged 16 and over) who apply for a disability benefit for the first time must apply for PIP. In addition, young people are entitled to apply for PIP at any point after their 16th birthday instead of remaining on DLA or CDP. In some cases this might lead to a higher award. There are differences between the eligibility criteria for the child and adult benefits. Most significantly, for the purposes of CWHA, a child or young person is only currently entitled to the higher rate care component of DLA or CDP if they have care needs at night. Entitlement to the enhanced rate daily living component of PIP is based on the impact of the individual’s impairment or condition on their day-to-day activities and care needs – the time of day at which the impact occurs or the care needs arise is irrelevant.