Regulation 28 When an increase in amount of entitlement takes effectI1

Scotland

(1)

Where, as a result of a determination without application, the amount of F1Carer Support payable in respect of an individual is increased F2or their entitlement to a component is awarded, the change takes effect—

(a)

in the case of F3an award of entitlement to a component or an increase pursuant to a determination made under regulation 36(a) or (b) (determination following change of circumstances etc.), on the first day of the award week in which—

(i)

the individual first satisfies the requirements for F4an award of entitlement to a component or an increased amount of Carer Support—

(aa)

where the individual reports the change within 13 weeks of the change occurring, or

(bb)

where the individual reports the change more than 13 weeks after the change occurring, but only if the Scottish Ministers consider that the individual has good reason for not reporting the change within 13 weeks, or

(ii)

in any other case, the individual reports the change,

(iii)

where as a result of the Scottish Ministers becoming aware that a determination of an individual’s entitlement was made in ignorance of a material fact, the Scottish Ministers make the determination.

F5(ab)

in the case of an increase 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,

F6(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 an earlier date for the purposes of paragraph (1).

Annotations

Textual amendments

F1: Words in reg. 28 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)(l) (with regs. 5(1), 14)
F2: Words in reg. 28(1) 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(22)(a) (with reg. 5(1))
F3: Words in reg. 28(1)(a) 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(22)(b)(i) (with reg. 5(1))
F4: Words in reg. 28(1)(a)(i) 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(22)(b)(ii) (with reg. 5(1))
F5: Reg. 28(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(22)(c) (with savings in reg. 5(1))
F6: Reg. 28(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(6)

Commencement

I1: Reg. 28 in force at 19.11.2023, see reg. 1(2)