Regulation 19 Applications made within 13 weeks of a qualifying disability benefit decisionI1
Scotland
Where an individual makes an application for Carer Support within 13 weeks of a relevant qualifying disability benefit decision in respect of a cared for person, the Scottish Ministers may determine that entitlement to Carer Support begins on the first day of the award week in which, as a result of that relevant qualifying disability benefit decision, entitlement to that benefit begins, provided the individual satisfied the eligibility requirements set out in regulation 3(2) (overview) of these Regulations on that date.
Where the individual does not satisfy the eligibility requirements set out in F3regulation 3(2) (overview) of these Regulations on the date on which the relevant qualifying disability benefit decision F4in respect of a cared for person falls, the Scottish Ministers may determine that entitlement to Carer Support Payment begins on a later date, provided that—
the individual satisfies the eligibility requirements set out in F5regulation 3(2) (overview) on the later date, and
that later date is no more than 13 weeks after the day on which their application is treated as made in accordance with regulation 18(1) (when an application is to be treated as made and beginning of entitlement to assistance).
For the purposes of this regulation, “relevant qualifying disability benefit decision” means a decision—
made by the Secretary of State, the Scottish Ministers, or the Department for Communities in Northern Ireland—
on a claim or an application, or
on revision, determination of entitlement, or supersession, or
on appeal whether by the First-tier Tribunal, the First-tier Tribunal for Scotland, the Upper Tribunal, the court, the Northern Ireland Appeal Tribunal or the Northern Ireland Social Security and Child Support Commissioner,
awarding a qualifying disability benefit to the cared for person mentioned in paragraph (1).
Annotations
Textual amendments
- F1
Reg. 19(1) 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(15)(a) (with reg. 5(1))
- F2
Reg. 19(2) substituted (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(6)
- F3
Words in reg. 19(2) 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(15)(b)(i)(aa) (with reg. 5(1))
- F4
Words in reg. 19(2) inserted (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(15)(b)(i)(bb) (with reg. 5(1))
- F5
Words in reg. 19(2)(a) 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(15)(b)(ii) (with reg. 5(1))
Commencement
- I1
Reg. 19 in force at 19.11.2023, see reg. 1(2)