# The Carer’s Allowance Up-rating (Scotland) Order 2019, Note: Explanatory note


(This note is not part of the Order)
Article 2 of this Order provides for an increase in the weekly rate of payment of Carer’s Allowance, along with an increase in what is payable by way of an additional weekly payment where the person receiving Carer’s Allowance has living with them a dependant who is an adult. This additional payment is known as Adult Dependency Increase and is payable only to those with transitional protection. The payment of increases for adult dependants was abolished by section 15(1) of the Welfare Reform Act 2009 (c.24) but was simultaneously preserved by section 15(2)(b) of that Act for cases involving claims made before 6 April 2010. The preservation has effect until whichever is the earlier of the date when the person providing care ceases to be entitled to the Adult Dependency Increase, and 6 April 2020.
Article 3 makes clear that the weekly rate of Child Dependency Increase remains unaltered. This gives effect to the requirement in section 150(2)(c) of the Social Security Administration Act 1992 (c.5) to re-state amounts that are not being increased. Child Dependency Increase is an additional payment payable to a recipient of Carer’s Allowance who is entitled to receive Child Benefit in relation to a child or children. It is again payable only to those with transitional protection. Child Dependency Increase was abolished by section 1(3)(e) and schedule 6 of the Tax Credits Act 2002 (c.21) but saved for transitional cases by article 3 of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003 (S.I. 2003/938).
No business and regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.

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Source: https://www.legislation.gov.uk/sdsi/2019/9780111040713/note (the official version)
Page: https://openlegislation.uk/draft-carers-allowance-up-rating-scotland-order-2019/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.