{
  "url": "https://openlegislation.uk/carers-assistance-carer-support-payment-scotland-regulations-2023/regulation-10",
  "json_url": "https://openlegislation.uk/carers-assistance-carer-support-payment-scotland-regulations-2023/regulation-10.json",
  "legislation": "ssi/2023/302",
  "legislation_title": "The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023",
  "legislation_url": "https://openlegislation.uk/carers-assistance-carer-support-payment-scotland-regulations-2023",
  "path": "regulation/10",
  "kind": "regulation",
  "number": "10",
  "heading": "Persons residing in the United Kingdom to whom a relevant EU regulation applies",
  "text": "(1) The past presence condition set out in regulation 6(1)(e) (residence and presence conditions) does not apply where on any day the individual is—\n(a) ordinarily resident in Scotland,\n(b) habitually resident in the United Kingdom,\n(c) an individual—\n(i) to whom the rules set out in a relevant EU regulation apply by virtue of—\n(aa) Title III of Part 2 of the EU withdrawal agreement,\n(bb) Part 3 or Article 23(4) of the Swiss citizens’ rights agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020 (“the 2020 Act”),\n(cc) Title III of the EEA EFTA separation agreement (as defined in section 39(1) of the 2020 Act), ...\n(dd) the agreement constituted by the exchange of letters set out in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974, or\n(ee) the agreement constituted by the exchange of letters set out in the schedule of the Social Security (Gibraltar) Order 2024, and\n(ii) in respect of whom the United Kingdom is, as a result, competent for payment of sickness benefits in cash.\n(2) An individual to whom a relevant EU regulation applies is not entitled to Carer Support for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of the relevant EU regulation in question.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in reg. 10(1)(c)(i)(cc) omitted (6.11.2025) by virtue of The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(3)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 10(1)(c)(i)(ee) and word inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(3)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 10 substituted (15.3.2026) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(2), 3(5)(c) (with regs. 5(1), 14)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 10 in force at 19.11.2023, see reg. 1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "2020 c. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1974/555."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2023/302/regulation/10",
    "retrieved_at": "2026-10-28T20:43:26.766921+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}