Regulation 27 When a decrease in amount or cessation of entitlement takes effectI1

Scotland

(1)

Where, as a result of a determination without application, the amount of Carer Support F1... payable in respect of an individual is decreased or their entitlement to F2a component is ceased, the change takes effect—

(a)

in the case of a determination without application under regulation 35 (consideration of entitlement after specified period) or 36(a) (determination following change of circumstances etc.), on the first day of the award week following the award week in which—

(i)

the individual should have notified the Scottish Ministers of the change, where the individual was required to notify a change under section 56 of the 2018 Act, if the individual—

(aa)

knowingly fails to notify a change, or

(bb)

fails to notify the change as soon as reasonably practicable after it occurred, or

(ii)

in any other case, the Scottish Ministers make the determination,

F3(ab)

in the case of a decrease pursuant to a determination made under regulation 36(f) or 36(g) (determination following change of circumstances etc.), on the day on which the individual’s entitlement to Carer’s Allowance ceased,

F4(ac)

in the case of a determination without application under regulation 36(c) (determination following change of circumstances etc.), on the first day of the award week following the award week in which the individual died,

F5(b)

in the case of an earlier determination which was based on error within the meaning of regulation 37 (determination following official error – underpayments) or regulation 38 (determination following error – overpayments), on the first day of the award week in which the earlier determination took effect,

(c)

in any other case, on the first day of the award week following the award week in which the Scottish Ministers make the determination.

(2)

Where the Scottish Ministers consider that in all the circumstances it would be unjust not to do so, they may, when making their determination, set a later date for the purposes of paragraph (1).

Annotations

Textual amendments

F1: Word in reg. 27(1) omitted (15.3.2026) by virtue of 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(21)(a)(i) (with reg. 5(1))
F2: Words in reg. 27(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(21)(a)(ii) (with reg. 5(1))
F3: Reg. 27(1)(ab) inserted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(21)(b) (with savings in reg. 5(1))
F4: Reg. 27(1)(ac) inserted (1.4.2026) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026 (S.S.I. 2026/170), regs. 1(2), 12(4)
F5: Reg. 27(1)(b) substituted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(5)

Commencement

I1: Reg. 27 in force at 19.11.2023, see reg. 1(2)