# The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, Regulation 36: Determination following change of circumstances etc.

Extent: S

The Scottish Ministers must make a determination of an individual’s entitlement to Carer Support ..., without receiving an application, where the individual has an ongoing entitlement to Carer Support ... and they become aware—
(a) of a change of circumstances whether or not notified by the individual in accordance with section 54 or 56 of the 2018 Act,
(b) that a determination of an individual’s entitlement was made in ignorance of a material fact which is likely to result in an alteration to the amount or the component of Carer Support ... payable to the individual or which is likely to mean that the individual is no longer entitled to Carer Support ...,
(c) that the individual has died,
(d) that the cared for person has died,
(da) that an additional cared for person has died,
(e) that the individual has notified the Scottish Ministers that they wish for their entitlement to assistance to begin on a date prior to the day on which their application was treated as made, provided that—
(i) the date chosen by the individual—
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(cc) in any other case, no more than 13 weeks prior to the day on which their application is treated as made,
(ii) the individual satisfied the eligibility requirements set out in regulation 3(2) (overview) of these Regulations on that chosen date , and
(iii) the individual notifies the Scottish Ministers—
(aa) within 13 weeks of the date on which their entitlement to Carer Support ... was determined on the basis of an application, or
(bb) where the Scottish Ministers consider that the individual has good reason for not notifying that they wish for their entitlement to assistance to begin on a date prior to the day on which their application was treated as made within the period referred to in head (aa), on a later date.
(f) of an alteration of the award of Carer’s Allowance which the individual was entitled to immediately before the date of transfer to Carer Support Payment in accordance with Part 2 of schedule 1, as a result of a decision made pursuant to—
(i) a revision under regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (“the 1999 Regulations”),
(ii) a supersession under regulation 6 of the 1999 Regulations,
(iii) an appeal under section 12 of the Social Security Act 1998 (“the 1998 Act”),
(iv) a redetermination under section 13 of the 1998 Act,
(v) an appeal to the Upper Tribunal under section 14 of the 1998 Act,
(vi) a revision under article 10 of the Social Security (Northern Ireland) Order 1998 (“the 1998 Order”),
(vii) a supersession under article 11 of the 1998 Order,
(viii) an appeal under article 13 of the 1998 Order, or
(ix) an appeal to the Commissioner under article 15 of the 1998 Order,
(fa) of an alteration of the award of Carer Support Payment which the individual was entitled to immediately before the date of transfer to Carer Support in accordance with schedule 2 (transfer from Carer Support Payment to Carer Support) of the Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025, as a result of—
(i) a determination under regulation 24 (multiple applications involving the same cared for person),
(ii) a determination under regulation 35 (consideration of entitlement after specified period),
(iii) a determination under regulation 36 (determination following change of circumstances etc.),
(iv) a determination under regulation 37 (determination following official error – underpayments),
(v) a determination under regulation 38 (determination following error – overpayments),
(vi) a determination under section 43 (duty to re-determine) of the 2018 Act,
(vii) a determination under section 49 (First-tier Tribunal’s power to determine entitlement) of the 2018 Act, or
(viii) a decision pursuant to an appeal to the Upper Tribunal under section 47 of the Tribunals (Scotland) Act 2014,
(g) of an alteration of the award of Carer’s Allowance which the individual was entitled to immediately before moving to Scotland in circumstances in which regulation 41 (individuals in respect of whom Carer’s Allowance is paid in another part of the United Kingdom immediately before moving to Scotland) applies, as a result of a decision made pursuant to—
(i) a revision under regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (“the 1999 Regulations”),
(ii) a supersession under regulation 6 of the 1999 Regulations,
(iii) an appeal under section 12 of the Social Security Act 1998 (“the 1998 Act”),
(iv) a re-consideration under section 13 of the 1998 Act,
(v) an appeal to the Upper Tribunal under section 14 of the 1998 Act,
(vi) a revision under article 10 of the Social Security (Northern Ireland) Order 1998 (“the 1998 Order”),
(vii) a supersession under article 11 of the 1998 Order,
(viii) an appeal under article 13 of the 1998 Order, or
(ix) an appeal to the Commissioner under article 15 of the 1998 Order.

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Source: https://www.legislation.gov.uk/ssi/2023/302/regulation/36 (the official version)
Page: https://openlegislation.uk/carers-assistance-carer-support-payment-scotland-regulations-2023/regulation-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.