Regulation 42 Individuals in respect of whom Carer Support is paid at the time of moving to another part of the United KingdomF6I1
Scotland
F1Subject to paragraph (1A), where the Scottish Ministers become aware that an individual who is entitled to F2Carer Support has moved or is to move to become resident in another part of the United Kingdom, the individual is to be treated as though the individual meets the condition under regulation 6(1)(a) (residence and presence conditions) of being ordinarily resident in Scotland for a period of 13 weeks beginning in accordance with paragraph (4).
Where the cared for person dies within the period of 13 weeks referred to in paragraph (1), the individual is to be treated as though the individual meets the condition under regulation 6(1)(a) of being ordinarily resident in Scotland for a period of F412 award weeks after the first day of the award week following the award week in which the cared for person died.
Where the Scottish Ministers become aware that an individual has moved or is to move to another part of the United Kingdom mentioned in paragraph (1), they are to make a determination without application at the end of the 13-week period mentioned in paragraph (1) that the individual’s entitlement to Carer Support is to terminate.
Where before the end of the 13-week period, the Scottish Ministers become aware that—
the individual is no longer to move to become resident in another part of the United Kingdom, or
the cared for person has died,
the duty in paragraph (2) does not apply.
The 13-week period mentioned in paragraph (1) begins on the date the individual ceases to be ordinarily resident in Scotland.
On the day after the 13-week period specified in paragraph (4) ends—
entitlement to Carer Support ceases, and
regulation 38 (determination following error – overpayments) applies to any Carer Support paid to an individual in relation to a period after the end of that 13-week period.
Annotations
Textual amendments
- F1
Words in reg. 42(1) substituted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(29)(b) (with savings in reg. 5(1))
- F2
Words in reg. 42 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)(w) (with regs. 5(1), 14)
- F3
Reg. 42(1A) inserted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(29)(c) (with savings in reg. 5(1))
- F4
Word in reg. 42(1A) 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(29)(d) (with reg. 5(1)(4))
- F5
Reg. 42(3) substituted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(29)(e) (with savings in reg. 5(1))
- F6
Reg. 42 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(29)(a) (with reg. 5(1)(4))
Commencement
- I1
Reg. 42 in force at 19.11.2023, see reg. 1(2)