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The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023

S.S.I. 2023/302 · Made 25 October 2023 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 5 April 2026.

Social Security

Made 25th October 2023

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 28(2), 41(4)(a), 43(5), 51(1), 52, 81(8) and 95 of the Social Security (Scotland) Act 2018f1 and all other powers enabling them to do so.

In accordance with section 96(2) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 97(2) of that Act, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.

Annotations to the whole text

Footnotes

f1

2018 asp 9 (“the 2018 Act”), relevantly amended by paragraphs 2 and 4 of schedule 7 of the Coronavirus (Scotland) Act 2020 (asp 7) and section 12 of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18) (“the 2020 Act”). Schedules 2 and 11 of the 2018 Act, respectively make provision about the exercise of powers under sections 28 and 51. Schedule 11 of the 2018 Act was inserted by section 12(4) of the 2020 Act. The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) and they are subject to the affirmative procedure by virtue of section 33(3) of that Act.

Contents

  1. Part 1: Introductory and interpretation
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Carer Support
  5. 3Overview
  6. Part 3: Eligibility
  7. 4Age criteria
  8. 4ACarer Support Payment
  9. 5Provision of care to a cared for person
  10. 6Residence and presence conditions
  11. 7Temporary absence from the common travel area
  12. 7ATime limits on absences where the claimant is treated as being in the common travel area
  13. 8Serving members of His Majesty’s forces, civil servants and their family members
  14. 9Aircraft workers, mariners and continental shelf operations
  15. 10Persons residing in the United Kingdom to whom a relevant EU regulation applies
  16. 11Persons residing outside the United Kingdom to whom a relevant EU regulation applies
  17. 12Entitlement to other benefits
  18. 13Individuals in education
  19. 14Earnings limit
  20. 14AScottish Carer Supplement
  21. 14BCarer Additional Person Payment
  22. Part 4: Making of applications and payments and duration of eligibility
  23. 15Making payments
  24. 16Amount and form of Carer Support
  25. 17Abatement in respect of a relevant benefit
  26. 18When an application is to be treated as made and beginning of entitlement to assistance
  27. 18AEntitlement beginning before individual satisfied the residence requirements in regulation 46 Repealed
  28. 18BEntitlement beginning before individual satisfied the residence requirements in regulation 46 – individuals in education mentioned in regulation 13(2) Repealed
  29. 19Applications made within 13 weeks of a qualifying disability benefit decision
  30. 20Entitlement beginning before the commencement of these Regulations Repealed
  31. 21Amount and form of Carer Support Payment where payments are backdated Repealed
  32. 22Time of payment
  33. 23Temporary stop in entitlement
  34. 23ADetermination following change in qualifying disability benefit – additional cared for person
  35. 24Multiple applications involving the same cared for person
  36. 24AMultiple applications involving the same additional cared for person
  37. 25Continuing eligibility
  38. 26Form of payment – giving Carer Support by way of deduction
  39. 27When a decrease in amount or cessation of entitlement takes effect
  40. 28When an increase in amount of entitlement takes effect
  41. Part 5: Suspensions
  42. 29Circumstances in which assistance may be suspended
  43. 30Having regard to financial circumstances
  44. 31Information to be given following suspension
  45. 32Right to review suspension
  46. 33Ending a suspension
  47. 34Effect of suspension ending
  48. Part 6: Re-consideration of entitlement to Carer Support: determination without application
  49. 35Consideration of entitlement after specified period
  50. 36Determination following change of circumstances etc.
  51. 37Determination following official error - underpayments
  52. 38Determination following error – overpayments
  53. 39Determination to effect a deduction decision
  54. Part 7: Breaks in care
  55. 40Temporary break in care
  56. Part 8: Movement of individuals between Scotland and the rest of the United Kingdom
  57. 41Individuals in respect of whom Carer’s Allowance is paid in another part of the United Kingdom immediately before moving to Scotland
  58. 41AIndividuals in respect of whom Carer’s Allowance was paid before 6 November 2025
  59. 41BIndividuals with entitlement to Carer Support in respect of whom Carer’s Allowance was paid before 6 November 2025
  60. 42Individuals in respect of whom Carer Support is paid at the time of moving to another part of the United Kingdom
  61. Part 9: Periods in respect of a re-determination request
  62. 43Periods in respect of a re-determination request
  63. Part 10: Transfer from Carer’s Allowance to Carer Support Payment
  64. 44Transfer from Carer’s Allowance to Carer Support Payment
  65. Part 11: Initial period for applications
  66. 45Initial period for applications Repealed
  67. Part 12: Transitory provision
  68. 46Transitory provision – initial period for applications Repealed
  69. 47Exclusion to transitory provision Repealed
  70. Part 13: Consequential amendments
  71. 48Consequential amendments
  72. Signature
  73. Schedule 1
  74. Part 1: Initial period for applications
  75. 1.Initial period for applications Repealed
  76. 2.Local authority areas for initial period for applications Repealed
  77. Part 1A: Relevant date
  78. 2AParagraph 2A Repealed
  79. 2BParagraph 2B Repealed
  80. Part 2: Transfer to Carer Support Payment
  81. 3Interpretation
  82. 4Notice of intention to transfer to Carer Support Payment
  83. 5Determination without application of entitlement to Carer Support Payment
  84. 6Date of cessation of Carer’s Allowance
  85. 7Modification of these regulations: transferring individuals
  86. 8Appointees
  87. Part 3: Consequential amendments
  88. 9Amendment of the 2018 Act
  89. 10Amendment of the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020
  90. 11Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019
  91. Schedule 2: Calculation of earnings
  92. 1Interpretation
  93. 2Calculation of earnings
  94. 3Notional earnings
  95. 4Rounding of fractions
  96. 5Calculation of earnings of employed earners
  97. 6Date on which earnings are treated as paid
  98. 7Calculation of weekly amount of earnings
  99. 8Earnings of employed earners
  100. 9Calculation of net earnings of employed earners
  101. 10Calculation of earnings of self-employed earners
  102. 11Earnings of self-employed earners
  103. 12Calculation of net profit of self-employed earners
  104. 13Deduction of tax and contributions for self-employed earners
  105. 14Sums to be disregarded in the calculation of earnings and profits
  106. 15Care charges to be deducted in the calculation of earnings
  107. Explanatory note