Regulation 24A Multiple applications involving the same additional cared for personF1
Where the Scottish Ministers are required under these Regulations to make a determination of the entitlement of two or more individuals to Carer Support in respect of the same additional cared for person, the Scottish Ministers must determine the entitlement of the individual whose entitlement first fell to be determined in accordance with section 37 of the 2018 Act (whether on receipt of an application from the individual or by virtue of any provision of these Regulations) before making any other determination.
Where, but for regulation 14B(7) (Carer Additional Person Payment), two or more individuals would be entitled to Carer Additional Person Payment in respect of the same additional cared for person for the same period, only one of them may be entitled, being either—
one of them as they may jointly agree in accordance with paragraph (3), or
in absence of such agreement, one of them as may be determined by the Scottish Ministers in accordance with paragraph (4).
An agreement under paragraph (2)(a) is to be made by giving the Scottish Ministers a notice in writing signed by the individuals mentioned in paragraph (2), specifying one of them as the individual to be entitled to assistance.
When making a determination under paragraph (2)(b), the Scottish Ministers must have regard to factors including but not limited to—
the best interests of the additional cared for person,
whether any of the individuals mentioned in paragraph (2)—
are family members of the additional cared for person,
live with or near the additional cared for person,
receive any benefits on behalf of, or as a result of their responsibility for, the additional cared for person.
The Scottish Ministers may, having considered the factors set out in paragraph (4), make a determination without application that one of the individuals mentioned in paragraph (2), who has ongoing entitlement to Carer Support in respect of the additional cared for person referred to in paragraph (1), is no longer entitled to the Carer Additional Person Payment component of Carer Support in respect of the additional cared for person.
Where paragraph (2) applies at the same time as regulation 24(2), (3) or (4) (multiple applications involving the same cared for person), the Scottish Ministers must make a determination under regulation 24(2), (3) or (4) before making a determination under paragraph (2)(b).