Regulation 39 Determination to effect a deduction decisionI1

Scotland

(1)

The Scottish Ministers are to make a determination of an individual’s entitlement to F1Carer Support, without receiving an application, where the circumstances in paragraphs (2) and (3) apply.

(2)

This paragraph applies where—

(a)

regulation 26 (form of payment – giving Carer Support by way of deduction) allows Carer Support to be given to the individual by way of deduction, or

(b)

Carer Support is being given to the individual by way of deduction, and the Scottish Ministers consider that may no longer be appropriate.

(3)

This paragraph applies where the Scottish Ministers have decided to—

(a)

vary the amount of Carer Support to be given by way of deduction (including introducing a deduction, where the full amount of Carer Support was previously given as money),

(b)

vary any period for which the individual’s Carer Support is to be given by way of deduction, that may have been specified in a previous determination of the individual’s entitlement, or

(c)

cease making deductions, and instead give the individual’s Carer Support in the form of money.

(4)

The Scottish Ministers are to make a determination, without receiving an application, where an individual who is receiving Carer Support by way of deduction under a previous determination of entitlement notifies the Scottish Ministers that the individual—

(a)

withdraws their agreement to their Carer Support being given by way of deduction,

(b)

wishes the Scottish Ministers to increase the amount of their Carer Support that is given by way of deduction,

(c)

wishes the Scottish Ministers to decrease the amount of their Carer Support that is given by way of deduction (including ceasing the deduction), or

(d)

wishes the Scottish Ministers to amend the length of any period referred to in paragraph (3)(b).

Annotations

Textual amendments

F1: Words in reg. 39 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)(u) (with regs. 5(1), 14)

Commencement

I1: Reg. 39 in force at 19.11.2023, see reg. 1(2)

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))