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Regulation 41A Individuals in respect of whom Carer’s Allowance was paid before 6 November 2025F1

(1)

This regulation applies where an individual—

(a)

immediately before 6 November 2025—

(i)

was entitled to Carer’s Allowance,

(ii)

either—

(aa)

fell within the definition of a “relevant individual” in terms of regulation 44 and paragraph 3 of schedule 1 as they applied before 6 November 2025, or

(bb)

would have fallen within the definition referred to in sub-head (aa) had the entitlement to Carer’s Allowance referenced in head (i) been established prior to 6 November 2025,

(b)

has not had their entitlement transferred or otherwise become entitled to Carer Support Payment F2(before 15 March 2026) or Carer Support, and

(c)

is not a person to whom regulation 41(1) applies.

(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 F3..., entitlement to assistance is to begin in accordance with paragraphs (3) to (5).

(F43)

Where an application is received by the Scottish Ministers within 26 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Carer’s Allowance was not transferred to an entitlement to Carer Support Payment, entitlement to Carer Support begins on—

(a)

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.

(F53A)

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)

15 March 2026, 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 from the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Carer’s Allowance was not transferred to an entitlement to Carer Support F6..., 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 described in paragraph (3), they may treat the application as having been made within that period.

(6)

Where entitlement begins in accordance with paragraph F7(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 and regulation 41B, references to transfer to Carer Support Payment are to transfer by virtue of regulation 44 and Part 2 of schedule 1 of these Regulations, as they applied before 6 November 2025.

Annotations

Textual amendments

F1

Regs. 41A, 41B inserted (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), 10(9)

F2

Words in reg. 41A(1)(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(27)(a) (with reg. 5(1))

F3

Word in reg. 41A(2) 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(27)(b) (with reg. 5(1))

F4

Reg. 41A(3) 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(27)(c) (with reg. 5(1))

F5

Reg. 41A(3A) 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(27)(d) (with reg. 5(1))

F6

Words in reg. 41A(4) 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(27)(e) (with reg. 5(1))

F7

Word in reg. 41A(6) 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(27)(f) (with reg. 5(1))