Explanatory note

These Regulations amend the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (“the principal Regulations”) to make provision for the introduction of Carer Support consisting of three components: Carer Support Payment, Carer Additional Person Payment and Scottish Carer Supplement. These Regulations also make miscellaneous amendments to the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 and the principal Regulations, including consequential, revocation, transitional and saving provisions.

Part 2 makes amendments to the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 to:

• provide for the extension of eligibility for Young Carer Grant to 19-year-olds, and

• amend the definition of carer support payment for the introduction of Carer Support.

Part 3 makes provision for the introduction of Carer Support consisting of three components – Carer Support Payment, Carer Additional Person Payment and the Scottish Carer Supplement. Regulation 4A sets out the eligibility criteria for Carer Support Payment. The new regulations 14A and 14B inserted by regulation 3(11) outline the eligibility rules for Scottish Carer Supplement and Carer Additional Person Payment. An individual is entitled to Scottish Carer Supplement for every award week in which they are entitled to be paid Carer Support Payment. An individual is entitled under regulation 14B to Carer Additional Person Payment where they are in receipt of Carer Support Payment and they provide regular and substantial care to a person (an “additional cared for person”) who is not the cared for person in respect of whom they receive the Carer Support Payment.

Regulation 3 makes provision to amend the principal Regulations to specify how they will apply to Carer Support and each component. It also makes miscellaneous amendments to the principal Regulations to:

• extend the period a carer continues to receive support after the death of a cared for person (“the bereavement run-on”) from 8 to 12 weeks,

• provide a separate bereavement run-on following the death of any additional cared for person for whom the carer receives Carer Additional Person Payment,

• remove the requirements for carers to have been providing care for at least 14 or 22 of the past 26 weeks to become entitled to continue to be paid during a temporary break in care,

• amend the provisions in relation to temporary absence from the common travel area, so that they apply to absences in connection with caring for the additional cared for person in the same way as they apply to a cared for person,

• enable the Scottish Ministers to make a determination without an application of entitlement to Carer Support where an individual’s entitlement has ended as a result of being absent and no longer treated as present in the common travel area, or the qualifying disability benefit for the cared for person ending due to a temporary absence,

• provide that an individual is not entitled to Carer Support Payment in any award week in which their earnings in respect of the immediately preceding week exceeded the earnings threshold set out in regulation 14 of the principal Regulations,

• make other minor amendments to the principal Regulations.

Part 4 and schedule 1 make provision for consequential amendments to primary and secondary legislation in connection with the introduction of Carer Support and the extension of the bereavement run-on.

Part 5 makes revocation provisions. Part 6 makes transitional provisions in consequence of the amendments made by these Regulations.

Regulation 18 and schedule 2 make provision to transfer in connection with individuals who are entitled to Carer Support Payment on 14 March 2026, so that their entitlement to Carer Support Payment becomes entitlement to Carer Support.

A Child Rights and Wellbeing Impact Assessment has been prepared and is available online at legislation.gov.