Regulation 40 Temporary break in careF1
Scotland
An award week in respect of which an individual fails to satisfy the requirement of regulation 5(2) (provision of care to a cared for person) is to be treated as an award week in respect of which that individual satisfies that requirement if—
the individual only temporarily ceased to satisfy that requirement, and
the conditions in paragraphs (2) and (3) are met.
The condition is that the individual has not failed to satisfy the requirement of regulation 5(2) (provision of care to a cared for person)—
for a period of more than 12 weeks in the 26 weeks ending with the first week of the temporary break in care, where—
that individual was undergoing medical or other treatment as an in-patient in a hospital or similar institution, or
the cared for person was undergoing medical or other treatment as an in-patient in a hospital or similar institution, or
for a period of more than 4 weeks in a period of 26 weeks ending with the first week of the temporary break in care, where the temporary break in care is for any other reason.
The condition is that the individual has not failed to satisfy the requirement of regulation 5(2) (provision of care to a cared for person) for more than 12 weeks in the 26 weeks ending with the award week in which an individual fails to satisfy the requirement of regulation 5(2) (provision of care to a cared for person).
Regulation 14 (earnings limit) does not apply to an individual in respect of an award week mentioned in paragraph (1).
Paragraph (1) applies to an individual who fails to satisfy the requirement of regulation 5(2) because they are in legal detention, provided the individual satisfies the requirements of this regulation.
Paragraphs (1), (2), (3) and (5) apply to Carer Additional Person Payment with the following modifications—
the references to “cared for person” are to be read as “additional cared for person”,
the references to regulation “5(2)” are to be read as “14B(3)”.