Regulation 41B Individuals with entitlement to Carer Support in respect of whom Carer’s Allowance was paid before 6 November 2025F5

(1)

This paragraph 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 to Carer Support Payment,

(c)

has continuing entitlement to Carer Support F1..., and

(d)

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

F2(2)

The Scottish Ministers are to make a determination of an individual’s entitlement to Carer Support, without receiving an application, where—

(a)

they become aware that paragraph (1) applies to that individual, and

(b)

that individual was not entitled to Carer Support Payment on 14 March 2026.

(3)

Subject to paragraph (4), where a determination is made under paragraph (2) that an individual is entitled to Carer Support, their entitlement is to begin 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.

F3(3A)

Where—

(a)

paragraph (3) applies, 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’s Allowance ends,

the value of the 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 in heads (i) and (ii).

(4)

Where the individual—

(a)

does not satisfy the eligibility requirements set out in Part 3 of these Regulations on the date referred to in paragraph (3), and

(b)

will satisfy those requirements on a date within 13 weeks of the date referred to in paragraph (3),

their entitlement will begin on the first day of the award week in which they will satisfy those requirements.

(5)

Where entitlement begins in accordance with paragraph F4(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.

Annotations

Textual amendments

F1: Word in reg. 41B(1)(c) 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(28)(b) (with reg. 5(1)(3))
F2: Reg. 41B(2)(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(28)(c) (with reg. 5(1)(3))
F3: Reg. 41B(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(28)(d) (with reg. 5(1)(3))
F4: Word in reg. 41B(5) 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(28)(e) (with reg. 5(1)(3))
F5: Reg. 41B title 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(28)(a) (with reg. 5(1)(3))