# The Carer’s Allowance Up-rating (Miscellaneous Amendment) (Scotland) Regulations 2022

S.S.I. 2022/28 · made 26 January 2022

These Regulations amend earnings limits used to determine entitlement to carer’s allowance and to additional payments payable to carer’s allowance recipients, so far as payment is the responsibility of the Scottish Ministers. This adjustment relates to the up-rating, by the Scottish Ministers, of the weekly rate of payment of carer’s allowance (see the Social Security Up-rating (Scotland) Order 2022 (S.S.I. 2022/XXX)).

Made under: Social Security Contributions and Benefits Act 1992 (Section 70, Section 90, Section 122, Section 175)

PDFs: Printed copy https://openlegislation.uk/carers-allowance-up-rating-miscellaneous-amendment-scotland-regulations-2022/pdf/ssi_20220028_en.pdf; Policy Note https://openlegislation.uk/carers-allowance-up-rating-miscellaneous-amendment-scotland-regulations-2022/pdf/ssipn_20220028_en.pdf

## Introductory text

Social Security
Made 26th January 2022
Laid before the Scottish Parliament 28th January 2022
Coming into force 11th April 2022
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 70(8), 90, 122(1) 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 and commencement

These Regulations may be cited as the Carer’s Allowance Up-rating (Miscellaneous Amendment) (Scotland) Regulations 2022 and come into force on 11 April 2022.

## 2 Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 1976 (circumstances in which a person is or is not to be treated as gainfully employed) for “£128”, in both places where it occurs, substitute “£132”.

## 3 Amendment of the Social Security Benefit (Dependency) Regulations 1977

In paragraph 2B of schedule 2 of the Social Security Benefit (Dependency) Regulations 1977 (increase of carer’s allowance for child dependants – earnings limits)—
(a) for “£245”, in both places where it occurs, substitute “£255”, and
(b) for “£33” substitute “£34”.

## Signature

BEN MACPHERSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
26th January 2022

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend earnings limits used to determine entitlement to carer’s allowance and to additional payments payable to carer’s allowance recipients, so far as payment is the responsibility of the Scottish Ministers. This adjustment relates to the up-rating, by the Scottish Ministers, of the weekly rate of payment of carer’s allowance (see the Social Security Up-rating (Scotland) Order 2022 (S.S.I. 2022/XXX)).
Regulation 2 of these Regulations amends regulation 8 of the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409) (“the 1976 Regulations”). It increases the amount which a person eligible for payment of carer’s allowance from the Scottish Ministers can earn in a given week without being deemed to be gainfully employed and, therefore, losing their entitlement to carer’s allowance. The Social Security Amendment (Carer’s Allowance) Regulations 2002 (S.I. 2002/2497) replaces references to “Invalid Care Allowance” with references to “Carer’s Allowance” in certain legislative provisions, but “Invalid Care Allowance” remains part of the title of the 1976 Regulations for statutory purposes.
Regulation 3 of these Regulations amends schedule 2 of the Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343). The effect is to increase the amount which the partner of a person eligible for payment of carer’s allowance from the Scottish Ministers can earn in a given week without the person receiving carer’s allowance losing any entitlement to what is payable by way of an additional payment where a recipient is entitled to receive child benefit in relation to a child or children. This addition is known as “child dependency increase” and is payable only to those with transitional protection. Child dependency increase was abolished by section 1(3)(e) and schedule 6 of the Tax Credits Act 2002 (c. 21) but saved for transitional cases by article 3 of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003 (S.I. 2003/938).
No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

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Source: https://www.legislation.gov.uk/ssi/2022/28 (the official version)
Page: https://openlegislation.uk/carers-allowance-up-rating-miscellaneous-amendment-scotland-regulations-2022
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.