OpenLegislation

Regulation 16 Individuals in respect of whom Carer’s Allowance was paid before 6 November 2025

Original text. Later amendments are not shown.

(1)

This paragraph applies where—

(a)

an application for Carer Support is received by the Scottish Ministers within the period described in regulation 41A(3) (individuals in respect of whom Carer’s Allowance was paid before 6 November 2025) as amended by these Regulations, and

(b)

the individual’s entitlement to Carer’s Allowance ceased before 15 March 2026, and

(c)

it is likely that the Scottish Ministers would determine that the individual is entitled to Carer Support Payment under the 2023 Regulations as they applied before 15 March 2026 and entitlement would begin on the first day of the award week in which the individual’s entitlement to Carer’s Allowance ceased.

(2)

Where paragraph (1) applies, the Scottish Ministers—

(a)

may treat the application for Carer Support mentioned in paragraph (1) as an application for Carer Support Payment under the 2023 Regulations as they applied before 15 March 2026,

(b)

are to make a determination of the individual’s entitlement to—

(i)

Carer Support Payment under the 2023 Regulations as they applied before 15 March 2026, and

(ii)

Carer Support in accordance with schedule 2 (transfer from Carer Support Payment to Carer Support) of these Regulations.

(3)

For the purposes of paragraph (1)(c), “award week” has the same meaning as in regulation 41A(6) of the 2023 Regulations.