The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023
S.S.I. 2023/302 · Made 25 October 2023 · Extends to Scotland
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
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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
- Part 1: Introductory and interpretation
- 1Citation and commencement
- 2Interpretation
- Part 2: Carer Support
- 3Overview
- Part 3: Eligibility
- 4Age criteria
- 4ACarer Support Payment
- 5Provision of care to a cared for person
- 6Residence and presence conditions
- 7Temporary absence from the common travel area
- 7ATime limits on absences where the claimant is treated as being in the common travel area
- 8Serving members of His Majesty’s forces, civil servants and their family members
- 9Aircraft workers, mariners and continental shelf operations
- 10Persons residing in the United Kingdom to whom a relevant EU regulation applies
- 11Persons residing outside the United Kingdom to whom a relevant EU regulation applies
- 12Entitlement to other benefits
- 13Individuals in education
- 14Earnings limit
- 14AScottish Carer Supplement
- 14BCarer Additional Person Payment
- Part 4: Making of applications and payments and duration of eligibility
- 15Making payments
- 16Amount and form of Carer Support
- 17Abatement in respect of a relevant benefit
- 18When an application is to be treated as made and beginning of entitlement to assistance
- 18AEntitlement beginning before individual satisfied the residence requirements in regulation 46 Repealed
- 18BEntitlement beginning before individual satisfied the residence requirements in regulation 46 – individuals in education mentioned in regulation 13(2) Repealed
- 19Applications made within 13 weeks of a qualifying disability benefit decision
- 20Entitlement beginning before the commencement of these Regulations Repealed
- 21Amount and form of Carer Support Payment where payments are backdated Repealed
- 22Time of payment
- 23Temporary stop in entitlement
- 23ADetermination following change in qualifying disability benefit – additional cared for person
- 24Multiple applications involving the same cared for person
- 24AMultiple applications involving the same additional cared for person
- 25Continuing eligibility
- 26Form of payment – giving Carer Support by way of deduction
- 27When a decrease in amount or cessation of entitlement takes effect
- 28When an increase in amount of entitlement takes effect
- Part 5: Suspensions
- 29Circumstances in which assistance may be suspended
- 30Having regard to financial circumstances
- 31Information to be given following suspension
- 32Right to review suspension
- 33Ending a suspension
- 34Effect of suspension ending
- Part 6: Re-consideration of entitlement to Carer Support: determination without application
- 35Consideration of entitlement after specified period
- 36Determination following change of circumstances etc.
- 37Determination following official error - underpayments
- 38Determination following error – overpayments
- 39Determination to effect a deduction decision
- Part 7: Breaks in care
- 40Temporary break in care
- Part 8: Movement of individuals between Scotland and the rest of the United Kingdom
- 41Individuals in respect of whom Carer’s Allowance is paid in another part of the United Kingdom immediately before moving to Scotland
- 41AIndividuals in respect of whom Carer’s Allowance was paid before 6 November 2025
- 41BIndividuals with entitlement to Carer Support in respect of whom Carer’s Allowance was paid before 6 November 2025
- 42Individuals in respect of whom Carer Support is paid at the time of moving to another part of the United Kingdom
- Part 9: Periods in respect of a re-determination request
- 43Periods in respect of a re-determination request
- Part 10: Transfer from Carer’s Allowance to Carer Support Payment
- 44Transfer from Carer’s Allowance to Carer Support Payment
- Part 11: Initial period for applications
- 45Initial period for applications Repealed
- Part 12: Transitory provision
- 46Transitory provision – initial period for applications Repealed
- 47Exclusion to transitory provision Repealed
- Part 13: Consequential amendments
- 48Consequential amendments
- Signature
- Schedule 1
- Part 1: Initial period for applications
- 1.Initial period for applications Repealed
- 2.Local authority areas for initial period for applications Repealed
- Part 1A: Relevant date
- 2AParagraph 2A Repealed
- 2BParagraph 2B Repealed
- Part 2: Transfer to Carer Support Payment
- 3Interpretation
- 4Notice of intention to transfer to Carer Support Payment
- 5Determination without application of entitlement to Carer Support Payment
- 6Date of cessation of Carer’s Allowance
- 7Modification of these regulations: transferring individuals
- 8Appointees
- Part 3: Consequential amendments
- 9Amendment of the 2018 Act
- 10Amendment of the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020
- 11Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019
- Schedule 2: Calculation of earnings
- 1Interpretation
- 2Calculation of earnings
- 3Notional earnings
- 4Rounding of fractions
- 5Calculation of earnings of employed earners
- 6Date on which earnings are treated as paid
- 7Calculation of weekly amount of earnings
- 8Earnings of employed earners
- 9Calculation of net earnings of employed earners
- 10Calculation of earnings of self-employed earners
- 11Earnings of self-employed earners
- 12Calculation of net profit of self-employed earners
- 13Deduction of tax and contributions for self-employed earners
- 14Sums to be disregarded in the calculation of earnings and profits
- 15Care charges to be deducted in the calculation of earnings
- Explanatory note