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The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2023, ISBN 9780111058091

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

These draft Regulations supersede the draft of the same title which was laid before the Scottish Parliament on 4th September 2023 and published on 4th September 2023 (ISBN 978-0-11-105796-4). It is being issued free of charge to all known recipients of those draft Regulations.

Draft Regulations laid before the Scottish Parliament under section 96(2) of the Social Security (Scotland) Act 2018, for approval by resolution of the Scottish Parliament.

Social Security

Made 2023

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 28(2), 41(4)(a), 43(5), 51(1), 52, 81(8) and 95 of the Social Security (Scotland) Act 2018f1 and all other powers enabling them to do so.

In accordance with section 96(2) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 97(2) of that Act, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.

Annotations to the whole text

Footnotes

f1

2018 asp 9 (“the 2018 Act”), relevantly amended by paragraphs 2 and 4 of schedule 7 of the Coronavirus (Scotland) Act 2020 (asp 7) and section 12 of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18) (“the 2020 Act”). Schedules 2 and 11 of the 2018 Act, respectively make provision about the exercise of powers under sections 28 and 51. Schedule 11 of the 2018 Act was inserted by section 12(4) of the 2020 Act. The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) and they are subject to the affirmative procedure by virtue of section 33(3) of that Act.

Contents

  1. Part 1: Introductory and interpretation
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Carer Support Payment
  5. 3Overview
  6. Part 3: Eligibility
  7. 4Age criteria
  8. 5Provision of care to a cared for person
  9. 6Residence and presence conditions
  10. 7Temporary absence from the common travel area
  11. 8Serving members of His Majesty’s forces, civil servants and their family members
  12. 9Aircraft workers, mariners and continental shelf operations
  13. 10Persons residing in the United Kingdom to whom a relevant EU regulation applies
  14. 11Persons residing outside the United Kingdom to whom a relevant EU regulation applies
  15. 12Entitlement to other benefits
  16. 13Individuals in education
  17. 14Earnings limit
  18. Part 4: Making of applications and payments and duration of eligibility
  19. 15Making payments
  20. 16Amount and form of Carer Support Payment
  21. 17Abatement in respect of a relevant benefit
  22. 18When an application is to be treated as made and beginning of entitlement to assistance
  23. 19Applications made within 13 weeks of a qualifying disability benefit decision
  24. 20Entitlement beginning before the commencement of these Regulations
  25. 21Amount and form of Carer Support Payment where payments are backdated
  26. 22Time of payment
  27. 23Temporary stop in entitlement
  28. 24Multiple applications involving the same cared for person
  29. 25Continuing eligibility
  30. 26Form of payment – giving Carer Support Payment by way of deduction
  31. 27When a decrease in amount or cessation of entitlement takes effect
  32. 28When an increase in amount of entitlement takes effect
  33. Part 5: Suspensions
  34. 29Circumstances in which assistance may be suspended
  35. 30Having regard to financial circumstances
  36. 31Information to be given following suspension
  37. 32Right to review suspension
  38. 33Ending a suspension
  39. 34Effect of suspension ending
  40. Part 6: Re-consideration of entitlement to Carer Support Payment: determination without application
  41. 35Consideration of entitlement after specified period
  42. 36Determination following change of circumstances etc.
  43. 37Determination following official error - underpayments
  44. 38Determination following error – overpayments
  45. 39Determination to effect a deduction decision
  46. Part 7: Breaks in care
  47. 40Temporary break in care
  48. Part 8: Movement of individuals between Scotland and the rest of the United Kingdom
  49. 41Individuals in respect of whom Carer’s Allowance is paid in another part of the United Kingdom immediately before moving to Scotland
  50. 42Individuals in respect of whom Carer Support Payment is paid at the time of moving to another part of the United Kingdom
  51. Part 9: Periods in respect of a re-determination request
  52. 43Periods in respect of a re-determination request
  53. Part 10: Transfer from Carer’s Allowance to Carer Support Payment
  54. 44Transfer from Carer’s Allowance to Carer Support Payment
  55. Part 11: Initial period for applications
  56. 45Initial period for applications
  57. Part 12: Transitory provision
  58. 46Transitory provision – initial period for applications
  59. 47Exclusion to transitory provision
  60. Part 13: Consequential amendments
  61. 48Consequential amendments
  62. Signature
  63. Schedule 1
  64. Part 1: Initial period for applications
  65. 1Initial period for applications
  66. 2Local authority areas for initial period for applications
  67. Part 2: Transfer to Carer Support Payment
  68. 3Interpretation
  69. 4Notice of intention to transfer to Carer Support Payment
  70. 5Determination without application of entitlement to Carer Support Payment
  71. 6Date of cessation of Carer’s Allowance
  72. 7Modification of these regulations: transferring individuals
  73. 8Appointees
  74. Part 3: Consequential amendments
  75. 9Amendment of the 2018 Act
  76. 10Amendment of the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020
  77. 11Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019
  78. Schedule 2: Calculation of earnings
  79. 1Interpretation
  80. 2Calculation of earnings
  81. 3Notional earnings
  82. 4Rounding of fractions
  83. 5Calculation of earnings of employed earners
  84. 6Date on which earnings are treated as paid
  85. 7Calculation of weekly amount of earnings
  86. 8Earnings of employed earners
  87. 9Calculation of net earnings of employed earners
  88. 10Calculation of earnings of self-employed earners
  89. 11Earnings of self-employed earners
  90. 12Calculation of net profit of self-employed earners
  91. 13Deduction of tax and contributions for self-employed earners
  92. 14Sums to be disregarded in the calculation of earnings and profits
  93. 15Care charges to be deducted in the calculation of earnings
  94. Explanatory note