OpenLegislation

Regulation 36 Determination following change of circumstances etc.I1

Scotland

The Scottish Ministers must make a determination of an individual’s entitlement to Carer Support F1..., 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 F2or the component of Carer Support F3... 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,

F4(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—

F5(i)

the date chosen by the individual—

F6(aa)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(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 F8regulation 3(2) (overview) of these Regulations on that chosen date F9, and

(iii)

the individual notifies the Scottish Ministers—

(aa)

within 13 weeks of the date on which their entitlement to Carer Support F10... 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)

F11of 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 1999f1 (“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”)f2,

(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 1998f3 (“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,

F12(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 1998f4 (“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.

Annotations

Textual amendments

F1

Words in reg. 36 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(24)(a) (with reg. 5(1))

F2

Words in reg. 36(b) 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(24)(b)(ii) (with reg. 5(1))

F3

Words in reg. 36(b) 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(24)(b)(i) (with reg. 5(1))

F4

Reg. 36(da) 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(24)(c) (with reg. 5(1))

F5

Reg. 36(e)(i) substituted (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(24)(d)(i) (with savings in reg. 5(1))

F6

Reg. 36(e)(i)(aa) 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(24)(d)(ii) (with reg. 5(1))

F7

Reg. 36(e)(i)(bb) 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(24)(d)(ii) (with reg. 5(1))

F8

Words in reg. 36(e)(ii) 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(24)(d)(iii) (with reg. 5(1))

F9

Reg. 36(e)(iii) and word 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(24)(d)(iv) (with savings in reg. 5(1))

F10

Word in reg. 36(e)(iii)(aa) 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(24)(d)(v) (with reg. 5(1))

F11

Reg. 36(f)(g) revoked (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 16(1)(a) (with savings in reg. 16(2)-(4))

F12

Reg. 36(fa) 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(24)(e) (with reg. 5(1))

Commencement

I1

Reg. 36 in force at 19.11.2023, see reg. 1(2)

Footnotes

f1

S.I. 1999/991, amended by S.I. 1999/1623, S.I. 1999/1662, S.I. 1999/2750, S.I. 1999/2677, S.I. 2000/897, S.I. 2002/428, S.I. 2002/1379, S.I. 2002/1703, S.I. 2003/916, S.I. 2003/1050, S.I. 2003/1886, S.I. 2005/337, S.I. 2005/2677, S.I. 2006/832, S.I. 2007/2470, S.I. 2007/2582, S.I. 2008/1554, S.I. 2008/2667, S.I. 2008/2683, S.I. 2009/659, S.I. 2009/1490, S.I. 2010/424, S.I. 2010/840, S.I. 2010/1160, S.I. 2011/2425, S.I. 2012/824, S.I. 2012/913, S.I. 2012/919, S.I. 2012/2568, S.I. 2012/2575, S.I. 2013/2380, S.I. 2014/1097, S.I. 2015/339, S.I. 2015/1985, S.I. 2016/1145, S.I. 2017/422, S.I. 2017/1015, S.I. 2021/786, S.I. 2022/177 and S.I. 2022/1329.

f2

1998 c. 14. Section 12 was amended by schedules 7 and 10 of the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c. 2), sections 102 and 105 of the Welfare Reform Act 2012 (c. 5), S.I. 2008/2833 and S.I. 2014/886.

f3

S.I. 1998/1506 (N.I. 10), amended by S.I. 1999/671, S.I. 2014/886 and S.I. 2015/2006 (N.I. 1).

f4

S.I. 1998/1506 (N.I. 10), amended by S.I. 1999/671, S.I. 2014/886 and S.I. 2015/2006 (N.I. 1).

Notes on Part 6

Textual amendments

F1

Pt. 6 heading 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(23) (with reg. 5(1))