# The Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Amendment Regulations 2020

S.S.I. 2020/350 · made 3 November 2020

These Regulations extend the period for which regulation 2 of the Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Regulations 2020 (“the Breaks in Care Regulations”) has effect. The regulation is to have effect until 23:59 on 12 May 2021. They also insert a new regulation 4 into the Breaks in Care Regulations. The new regulation 4 provides that, where a person has received carer’s allowance during a break in care associated with coronavirus, the eventual expiry of regulation 2 does not cause the period covered by the break to be counted against the person’s entitlement to receive carer’s allowance during a break in care which takes place after the expiry.

Made under: Social Security Contributions and Benefits Act 1992 (Section 70, Section 175)

PDFs: Printed copy https://openlegislation.uk/carers-allowance-coronavirus-breaks-in-care-scotland-amendment-regulations-2020/pdf/ssi_20200350_en.pdf; Policy Note https://openlegislation.uk/carers-allowance-coronavirus-breaks-in-care-scotland-amendment-regulations-2020/pdf/ssipn_20200350_en.pdf

## Introductory text

Social Security
Made 3rd November 2020
Laid before the Scottish Parliament 4th November 2020
Coming into force 3rd December 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 70(8) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 and all other powers enabling them to do so.

## 1 Citation, commencement and extent

(1) These Regulations may be cited as the Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Amendment Regulations 2020 and come into force on 3 December 2020.
(2) These Regulations extend to Scotland only.

## 2 Amendment of the Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Regulations 2020

(1) The Carer’s Allowance (Coronavirus) (Breaks in care) (Scotland) Regulations 2020 are amended as follows.
(2) In regulation 3 (expiry), for the words from “at” to the end substitute “on 12 May 2021 at 2359 hours”.
(3) After regulation 3 insert—
“Continued disregard of breaks in care related to coronavirus
4. (1) This regulation applies where a person who is in receipt of carer’s allowance (“A”) on or after 13 May 2021 temporarily ceases to care for the severely disabled person (“B”) in respect of whom the carer’s allowance is paid.
(2) For the purposes of regulation 4(2)(b) of the Social Security (Invalid Care Allowance) Regulations 1976, there is to be disregarded any week in which A did not meet the requirements of regulation 4(1) of those Regulations in respect of care for B where—
(a) the break in A’s care for B occurred between 3 April 2020 and 13 May 2021, and
(b) the break in care arose because of isolation due to, or infection with, coronavirus of either A or B.”.

## Signature

SHIRLEY-ANNE SOMERVILLE
A member of the Scottish Government
St Andrew’s House,
Edinburgh
3rd November 2020

## Explanatory note

(This note is not part of the Regulations)
These Regulations extend the period for which regulation 2 of the Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Regulations 2020 (“the Breaks in Care Regulations”) has effect. The regulation is to have effect until 23:59 on 12 May 2021. They also insert a new regulation 4 into the Breaks in Care Regulations. The new regulation 4 provides that, where a person has received carer’s allowance during a break in care associated with coronavirus, the eventual expiry of regulation 2 does not cause the period covered by the break to be counted against the person’s entitlement to receive carer’s allowance during a break in care which takes place after the expiry.

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Source: https://www.legislation.gov.uk/ssi/2020/350 (the official version)
Page: https://openlegislation.uk/carers-allowance-coronavirus-breaks-in-care-scotland-amendment-regulations-2020
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.