# The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, Regulation 41: Individuals in respect of whom Carer’s Allowance is paid in another part of the United Kingdom immediately before moving to Scotland

Extent: S

(1) This regulation applies where an individual—
(a) becomes resident in Scotland,
(b) was resident in another part of the United Kingdom, and
(c) was entitled to Carer’s Allowance in respect of a cared for person immediately before the date of the move.
(2) Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Carer Support, entitlement to assistance is to begin in accordance with paragraphs (3) to (5).
(3) Where an application is received by Scottish Ministers within 26 weeks of the date of the move, entitlement to Carer Support begins—
(a) on the first day of the award week in which the individual’s entitlement to Carer’s Allowance ceased, or
(b) 15 March 2026,
whichever is later.
(3A) Where—
(a) entitlement begins in accordance with paragraph (3), and
(b) the individual would have been entitled to any payment of Scottish Carer Supplement or Carer Additional Person Payment, had their entitlement to Carer Support started on a date between—
(i) the date of the move, and
(ii) the date their entitlement to Carer Support begins,
the value of the first payment of Carer Support to be given to the individual is to be increased by the value of any payment of Scottish Carer Supplement or Carer Additional Person Payment that they would have been entitled to for each award week between the dates referred to in heads (i) and (ii).
(4) Subject to paragraph (5), where an application is received by the Scottish Ministers more than 26 weeks after the date of move, entitlement to Carer Support begins in accordance with regulation 18(2)(a), (b) or (c).
(5) Where the Scottish Ministers are satisfied that there is a good reason why an application was made more than 26 weeks after the date of move, they may treat the application as having been made within that period.
(6) Where entitlement begins in accordance with paragraph (3)(a), for the week in which entitlement begins, “award week” means—
(a) where the individual cares for a cared for person who is in receipt of Constant Attendance Allowance, a period of 4 days, starting on the Wednesday of that week and ending on the following Saturday, or
(b) in all other cases, a period of 6 days, starting on the Monday of that week and ending on the following Saturday.
(7) In this regulation, “the date of the move” is the date when the individual becomes resident in Scotland, as notified by the individual or otherwise communicated to the Scottish Ministers (whether the notification takes place before or after the date of the move).

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Source: https://www.legislation.gov.uk/ssi/2023/302/regulation/41 (the official version)
Page: https://openlegislation.uk/carers-assistance-carer-support-payment-scotland-regulations-2023/regulation-41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.