Explanatory note

These Regulations make amendments to the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (‘the principal Regulations’).

Regulation 2(2) amends regulation 1 (citation and commencement) of the principal Regulations so that certain exceptions to the full-time education restriction in regulation 13 of the principal Regulations are introduced on 23 June 2024 rather than 1 October 2024.

Regulation 2(3) clarifies that an individual will be treated as satisfying the caring requirement set out in regulation 5(2) (provision of care to a cared for person) for any period during which they are on a temporary break in care, within the meaning of regulation 40 (temporary break in care).

Regulation 2(4) inserts two new provisions into the principal Regulations (regulations 18A (entitlement beginning before individual satisfied the residence requirements in regulation 46) and 18B (entitlement beginning before individual satisfied the residence requirements in regulation 46 - individuals in education mentioned in regulation 13(2)) which provide that certain individuals who are entitled to Carer Support Payment, but who would not have been entitled to Carer’s Allowance, can have their entitlement backdated to the date that Carer Support Payment first became available, provided they were eligible at that time. These provisions include an application window, so that individuals will have a period of 13 weeks from the date that applications open in their local authority area in which they can apply for this extended backdating.

Regulation 2(5) and (6) amend the effective date provisions for determinations without application where there has been an official error or error, as set out in regulation 27 (when a decrease in amount or cessation of entitlement takes effect) and regulation 28 (when an increase in amount of entitlement takes effect), respectively of the principal Regulations.

Regulation 2(7) amends regulations 40 (temporary break in care), clarifying the effect of legal detention on the requirement to provide care to a cared for person, set out in regulation 5(2).

Regulation 2(8) and (9) amend regulation 46 (transitory provision – initial period for applications) of the principal Regulations to provide that the initial period for applications comprises 3 phases, with Carer Support Payment becoming available in additional local authority areas at each phase. These amendments also provide that Carer Support Payment will be available nationally across Scotland from 21 October 2024.

Regulation 2(10) inserts two tables into Part 1 of schedule 1 (initial period for applications) of the principal Regulations to provide the relevant dates for the application windows that apply to individuals in different local authority areas.

Regulation 2(11), (12), (13) and (14) make amendments to the schedule 2 (calculation of earnings) of the principal Regulations.

Regulation 3 makes amendments to the Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 to provide that no individual who is able to apply for Carer Support Payment due to being resident in Scotland, or otherwise meeting the residence and presence conditions in the principal Regulations, may apply for Carer’s Allowance.