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Regulation 25 Continuing eligibilityI1

Scotland

(1)

Subject to paragraphs (3) and (4), a determination that an individual is entitled to F1Carer Support in respect of a period is to be made on the basis that the individual has an ongoing entitlement to Carer Support after the end of that period, except where paragraph (2) applies.

(2)

This paragraph applies where, after the end of the period mentioned in paragraph (1), the individual no longer satisfies the eligibility rules.

(3)

A determination of ongoing entitlement is made on the basis that—

(a)

the individual will continue to be entitled to Carer Support for a fixed or indefinite period as specified in the notice of determination, and

(b)

the decision that the individual is entitled to Carer Support for each subsequent 4-week period is to be taken in accordance with these Regulations, on the strength of the assumptions set out in paragraph (4).

(4)

The assumptions are that—

(a)

the individual continues to satisfy the eligibility criteria which were satisfied to be entitled to Carer Support under the determination mentioned in paragraph (1),

(b)

the information on which the determination mentioned in paragraph (1) was made still applies and is relevant in the individual’s case, and

(c)

there is no change in circumstances of the individual which would require to be notified under section 56 of the 2018 Act.

Annotations

Textual amendments

F1

Words in reg. 25 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)(j) (with regs. 5(1), 14)

Commencement

I1

Reg. 25 in force at 19.11.2023, see reg. 1(2)