Regulation 3 Amendment of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023

(1)

The 2023 Regulations are amended in accordance with paragraphs (2) to (30).

(2)

In regulation 2 (interpretation)—

(a)

after the definition of “the 1992 Act” insert—

““additional cared for person” is a person described in regulation 14B(1)(b),”,

(b)

in the definition of “cared for person” after “cared for person” insert “, other than where those words appear within the term “additional cared for person”,”,

(c)

after the definition of “cared for person” insert—

““Carer Additional Person Payment” means the Carer Additional Person Payment component of Carer Support provided for in regulation 14B,”,

(d)

after the definition of “carer element of Universal Credit” insert—

““Carer Support” means carer’s assistance given in accordance with these Regulations,”,

(e)

for the definition of “Carer Support Payment” substitute—

““Carer Support Payment” means the Carer Support Payment component of Carer Support provided for in regulation 4A,”,

(f)

after the definition of “Scottish Adult Disability Living Allowance” insert—

““Scottish Carer Supplement” means the Scottish Carer Supplement component of Carer Support provided for in regulation 14A,”.

(3)

In Part 2 (carer support payment) for the heading substitute—

“Part 2

Carer Support”.

(4)

For regulation 3 (overview) substitute—

“Overview

3.

(1)

Carer Support is to consist of the following components—

(a)

Carer Support Payment,

(b)

Scottish Carer Supplement, and

(c)

Carer Additional Person Payment.

(2)

An individual is entitled to Carer Support in accordance with these Regulations if they meet the eligibility rules in—

(a)

regulation 4 (age criteria),

(b)

regulations 6 to 11 (residence and presence conditions),

(c)

regulation 13 (individuals in education), and

(d)

one or more of the following—

(i)

regulation 4A (Carer Support Payment),

(ii)

regulation 14A (Scottish Carer Supplement),

(iii)

regulation 14B (Carer Additional Person Payment).”.

(5)

In the following provisions, for “Carer Support Payment” in each place it occurs substitute “Carer Support”—

(a)

regulation 4 (age criteria),

(b)

regulation 6 (residence and presence conditions),

(c)

regulation 10 (persons residing in the United Kingdom to whom a relevant EU regulation applies),

(d)

regulation 11 (persons residing outside the United Kingdom to whom a relevant EU regulation applies),

(e)

regulation 13 (individuals in education),

(f)

regulation 15 (making payments),

(g)

regulation 18 (when an application is to be treated as made and beginning of entitlement to assistance),

(h)

regulation 22 (time of payment),

(i)

regulation 23 (temporary stop in entitlement),

(j)

regulation 25 (continuing eligibility),

(k)

regulation 26 (form of payment – giving Carer Support by way of deduction),

(l)

regulation 28 (when an increase in amount of entitlement takes effect),

(m)

regulation 29 (circumstances in which assistance may be suspended),

(n)

regulation 30 (having regard to financial circumstances),

(o)

regulation 31 (information to be given following suspension),

(p)

regulation 32 (right to review suspension),

(q)

regulation 34 (effect of suspension ending),

(r)

regulation 35 (consideration of entitlement after specified period),

(s)

regulation 37 (determination following official error – underpayments),

(t)

regulation 38 (determination following error – overpayments),

(u)

regulation 39 (determination to effect a deduction decision),

(v)

regulation 41 (individuals in respect of whom Carer’s Allowance is paid in another part of the United Kingdom immediately before moving to Scotland),

(w)

regulation 42 (individuals in respect of whom Carer Support is paid at the time of moving to another part of the United Kingdom),

(x)

regulation 43 (periods in respect of a re-determination request).

(6)

After regulation 4 (age criteria) insert—

“Carer Support Payment

4A.

An individual is entitled to Carer Support Payment if they meet the conditions set out in—

(a)

regulation 5 (provision of care to a cared for person),

(b)

regulation 12 (entitlement to other benefits), and

(c)

regulation 14 (earnings limit).”.

(7)

In regulation 5(6) (provision of care to a cared for person), for “paragraph (2)” substitute “paragraph (1)”.

(8)

In regulation 6 (residence and presence conditions)—

(a)

in paragraph (6)(b) in the opening words, after “person” insert “or additional cared for person”,

(b)

in paragraph (7) in the opening words, for “individual or a cared for person” substitute “individual, cared for person or additional cared for person”.

(9)

In regulation 7 (temporary absence from the common travel area) after each occurrence of “cared for person” insert “or additional cared for person”.

(10)

In regulation 14(1) (earnings limit), for “that award” substitute “the immediately preceding award”.

(11)

After regulation 14 (earnings limit) insert—

“Scottish Carer Supplement

14A.

An individual is entitled to Scottish Carer Supplement for each award week in which Carer Support Payment is payable to the individual.

Carer Additional Person Payment

14B.

(1)

An individual is entitled to Carer Additional Person Payment for each award week in which—

(a)

Carer Support Payment is payable to the individual, and

(b)

the individual provides regular and substantial care to a person (an “additional cared for person”)—

(i)

who is not the cared for person in respect of whom they receive the Carer Support Payment referred to in sub-paragraph (a), and

(ii)

to whom a qualifying disability benefit is normally payable.

(2)

An individual may be entitled to Carer Additional Person Payment in respect of more than one additional cared for person in respect of the same period.

(3)

For the purposes of paragraph (1)(b), an individual shall only be treated as being regularly and substantially engaged in caring for an additional cared for person on every day in a week if they are, or are likely to be, regularly engaged for at least 20 hours in an award week in caring for that additional cared for person.

(4)

An individual may be entitled to Carer Additional Person Payment in respect of an additional cared for person notwithstanding that another individual is entitled to—

(a)

Carer Support Payment,

(b)

Carer’s Allowance,

(c)

the carer element of Universal Credit, or

(d)

Young Carer Grant,

in respect of that additional cared for person.

(5)

The hours caring for—

(a)

a cared for person in accordance with regulation 5(2) (provision of care to a cared for person), and

(b)

one or more additional cared for persons under paragraph (3),

may run concurrently.

(6)

The care for the additional cared for person must not be provided by an individual—

(a)

under or by virtue of a contract, unless the contract is of a kind specified by regulations made under section 1(3)(a) of the Carers (Scotland) Act 2016^f1 as not to be regarded as a contract for the purposes of that Act, or

(b)

as voluntary work done for a charity or other not-for-profit organisation for which no payment is received other than reasonable expenses.

(7)

No individual can be entitled to Carer Additional Person Payment in respect of an additional cared for person where another individual is entitled to Carer Additional Personal Payment in respect of that additional cared for person.”.

(12)

In regulation 16 (amount and form of Carer Support Payment)—

(a)

for the heading substitute—

“Amount and form of Carer Support”,

(b)

in paragraph (1) for “Subject to regulation 21 (amount and form of carer support payment where payments are backdated), the” substitute “The”,

(c)

after paragraph (1) insert—

“(1A)

The weekly rate of payment of Scottish Carer Supplement is £11.29.

(1B)

The weekly rate of payment of Carer Additional Person Payment is £10.00.”,

(d)

in paragraph (4)—

(i)

for both occurrences of “Carer Support Payment” substitute “Carer Support”,

(ii)

for sub-paragraph (b) substitute—

“(b)

the expiry of the period of 12 award weeks after the first day of the award week following the award week in which the cared for person died.”,

(e)

after paragraph (4) insert—

“(4A)

When an additional cared for person dies and an individual was entitled to Carer Additional Person Payment in respect of that additional cared for person immediately before their death, the individual’s entitlement to Carer Additional Person Payment in respect of that person will continue to be paid until whichever of the following comes first—

(a)

the first day of the award week following the award week in which the individual ceases to satisfy the eligibility requirement set out in regulation 14B(1)(a), or

(b)

the expiry of the period of 12 award weeks after the first day of the award week following the award week in which the additional cared for person died.”,

(f)

in paragraph (5)—

(i)

in the opening words omit “Payment”,

(ii)

in sub-paragraph (a) after “(abatement in respect of a relevant individual)” insert “in relation to Carer Support Payment”.

(13)

In regulation 17(1)(a) (abatement in respect of a relevant benefit), omit “Payment”.

(14)

In regulation 18 (when an application is to be treated as made and beginning of entitlement to assistance)—

(a)

in paragraph (2)(b)(ii) for “Part 3” substitute “regulation 3(2) (overview)”,

(b)

in paragraph (3) in each place it occurs, for “Part 3” substitute “regulation 3(2) (overview)”.

(15)

In regulation 19 (applications made within 13 weeks of a qualifying disability benefit decision)—

(a)

for paragraph (1) substitute—

“(1)

Where an individual makes an application for Carer Support within 13 weeks of a relevant qualifying disability benefit decision in respect of a cared for person, the Scottish Ministers may determine that entitlement to Carer Support begins on the first day of the award week in which, as a result of that relevant qualifying disability benefit decision, entitlement to that benefit begins, provided the individual satisfied the eligibility requirements set out in regulation 3(2) (overview) of these Regulations on that date.”,

(b)

in paragraph (2)—

(i)

in the opening words—

(aa)

for “Part 3” substitute “regulation 3(2) (overview)”,

(bb)

after “decision” insert “in respect of a cared for person”,

(ii)

in sub-paragraph (a) for “Part 3” substitute “regulation 3(2) (overview)”.

(16)

In regulation 23 (temporary stop in entitlement)—

(a)

for “Part 3” in each place it occurs substitute “regulation 3(2) (overview)”,

(b)

in paragraph (1), in the opening words for “the Scottish Ministers have made a determination without application under regulation 36 (determination following a change of circumstances etc.)” substitute “a determination has been made”,

(c)

after paragraph (1)(e) insert—

“,

(f)

the individual is temporarily absent in terms of regulation 7(2)(a) (temporary absence from the common travel area) and no longer treated as present in the common travel area in terms of regulation 7(1)”,

(d)

in paragraph (4)(b) after “ended” insert “or the payment has stopped”,

(e)

after paragraph (4)(b)(ii) insert—

“(iii)

temporarily absent and no longer treated as present in the common travel area,”,

(f)

after paragraph (11) insert—

“(12)

For the purposes of paragraph (1) a determination of an individual’s entitlement has the same meaning as in section 25 of the 2018 Act.”.

(17)

After regulation 23 (temporary stop in entitlement) insert—

“Determination following change in qualifying disability benefit – additional cared for person

23A.

(1)

The Scottish Ministers are to make a determination of an individual’s entitlement to Carer Support, without receiving an application, where the individual—

(a)

has ongoing entitlement to Carer Additional Person Payment, and

(b)

cares for an additional cared for person whose qualifying disability benefit has—

(i)

been reduced to £0,

(ii)

stopped being payable in the circumstances set out in regulation 23(4)(b) (temporary stop in entitlement), or

(iii)

been suspended as a result of the circumstances set out in regulation 23(4)(c).

(2)

Where a determination is made under paragraph (1), it must determine that the individual is no longer entitled to the Carer Additional Person Payment in respect of the additional cared for person referred to in paragraph (1)(b).

(3)

Where paragraph (1)(a), (b)(i) or (b)(ii) applies, the determination comes into effect on the first day of the award week following the award week in which the additional cared for person’s qualifying disability benefit has been reduced to £0 or stopped being payable.

(4)

Where paragraph (1)(b)(iii) applies, the determination comes into effect on the first day of the award week following the day on which the additional cared for person’s qualifying disability benefit has been suspended for 4 weeks.”.

(18)

In regulation 24(1) (multiple applications involving the same cared for person) omit “Payment”.

(19)

After regulation 24 (multiple applications involving the same cared for person) insert—

“Multiple applications involving the same additional cared for person

24A.

(1)

Where the Scottish Ministers are required under these Regulations to make a determination of the entitlement of two or more individuals to Carer Support in respect of the same additional cared for person, the Scottish Ministers must determine the entitlement of the individual whose entitlement first fell to be determined in accordance with section 37 of the 2018 Act (whether on receipt of an application from the individual or by virtue of any provision of these Regulations) before making any other determination.

(2)

Where, but for regulation 14B(7) (Carer Additional Person Payment), two or more individuals would be entitled to Carer Additional Person Payment in respect of the same additional cared for person for the same period, only one of them may be entitled, being either—

(a)

one of them as they may jointly agree in accordance with paragraph (3), or

(b)

in absence of such agreement, one of them as may be determined by the Scottish Ministers in accordance with paragraph (4).

(3)

An agreement under paragraph (2)(a) is to be made by giving the Scottish Ministers a notice in writing signed by the individuals mentioned in paragraph (2), specifying one of them as the individual to be entitled to assistance.

(4)

When making a determination under paragraph (2)(b), the Scottish Ministers must have regard to factors including but not limited to—

(a)

the best interests of the additional cared for person,

(b)

whether any of the individuals mentioned in paragraph (2)—

(i)

are family members of the additional cared for person,

(ii)

live with or near the additional cared for person,

(iii)

receive any benefits on behalf of, or as a result of their responsibility for, the additional cared for person.

(5)

The Scottish Ministers may, having considered the factors set out in paragraph (4), make a determination without application that one of the individuals mentioned in paragraph (2), who has ongoing entitlement to Carer Support in respect of the additional cared for person referred to in paragraph (1), is no longer entitled to the Carer Additional Person Payment component of Carer Support in respect of the additional cared for person.

(6)

Where paragraph (2) applies at the same time as regulation 24(2), (3) or (4) (multiple applications involving the same cared for person), the Scottish Ministers must make a determination under regulation 24(2), (3) or (4) before making a determination under paragraph (2)(b).”.

(20)

In regulation 26 (form of payment – giving Carer Support Payment by way of deduction) for the heading substitute—

“Form of payment – giving Carer Support by way of deduction”.

(21)

In regulation 27(1) (when a decrease in amount or cessation of entitlement takes effect)—

(a)

in the opening words—

(i)

in the first place it occurs, omit “Payment”,

(ii)

for “Carer Support Payment ceases” substitute “a component is ceased”,

(b)

after sub-paragraph (a), insert—

“(ab)

in the case of a decrease pursuant to a determination made under regulation 36(f) or 36(g) (determination following change of circumstances etc.), on the day on which the individual’s entitlement to Carer’s Allowance ceased,”.

(22)

In regulation 28(1) (when an increase in amount of entitlement takes effect)—

(a)

in the opening words, after “is increased” insert “or their entitlement to a component is awarded”,

(b)

in sub-paragraph (a)—

(i)

in the opening words, after “in the case of” insert “an award of entitlement to a component or”,

(ii)

in head (i) after “requirements for” insert “an award of entitlement to a component or”,

(c)

after sub-paragraph (a), insert—

“(ab)

in the case of an increase pursuant to a determination made under regulation 36(f) or 36(g) (determination following change of circumstances etc.) on the day on which the individual’s entitlement to Carer’s Allowance ceased,”.

(23)

In Part 6 (re-consideration of entitlement to Carer Support Payment: determination without application) for the heading substitute—

“Part 6

Re-consideration of entitlement to Carer Support: determination without application”.

(24)

In regulation 36 (determination following change of circumstances etc.)—

(a)

in the opening words, omit “Payment” in each place it occurs,

(b)

in paragraph (b)—

(i)

omit “Payment” in each place it occurs,

(ii)

after “amount” insert “or the component”,

(c)

after paragraph (d), insert—

“(da)

that an additional cared for person has died,”,

(d)

in paragraph (e)—

(i)

for sub-paragraph (i) substitute—

“(i)

the date chosen by the individual—

(aa)

is no earlier than 19 November 2023 where regulation 18A(1) (entitlement beginning before individual satisfied the residence requirements in regulation 46) applies to that individual,

(bb)

is no earlier than 23 June 2024 where regulation 18B(1) (entitlement beginning before individual satisfied the residence requirements in regulation 46 – individuals in education mentioned in regulation 13(2)) applies to that individual, or

(cc)

in any other case, no more than 13 weeks prior to the day on which their application is treated as made,”,

(ii)

in sub-paragraph (i) omit heads (aa) and (bb),

(iii)

in sub-paragraph (ii) for “Part 3” substitute “regulation 3(2) (overview)”,

(iv)

after sub-paragraph (ii), insert—

“, and

(iii)

the individual notifies the Scottish Ministers—

(aa)

within 13 weeks of the date on which their entitlement to Carer Support Payment was determined on the basis of an application, or

(bb)

where the Scottish Ministers consider that the individual has good reason for not notifying that they wish for their entitlement to assistance to begin on a date prior to the day on which their application was treated as made within the period referred to in head (aa), on a later date.”,

(v)

in sub-paragraph (iii)(aa) omit “Payment”,

(e)

after paragraph (f), insert—

“(fa)

of an alteration of the award of Carer Support Payment which the individual was entitled to immediately before the date of transfer to Carer Support in accordance with schedule 2 (transfer from Carer Support Payment to Carer Support) of the Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025^f2, as a result of—

(i)

a determination under regulation 24 (multiple applications involving the same cared for person),

(ii)

a determination under regulation 35 (consideration of entitlement after specified period),

(iii)

a determination under regulation 36 (determination following change of circumstances etc.),

(iv)

a determination under regulation 37 (determination following official error – underpayments),

(v)

a determination under regulation 38 (determination following error – overpayments),

(vi)

a determination under section 43 (duty to re-determine) of the 2018 Act,

(vii)

a determination under section 49 (First-tier Tribunal’s power to determine entitlement) of the 2018 Act, or

(viii)

a decision pursuant to an appeal to the Upper Tribunal under section 47 of the Tribunals (Scotland) Act 2014^f3,”.

(25)

For regulation 40 (temporary break in care) substitute—

“Temporary break in care

40.

(1)

An award week in respect of which an individual fails to satisfy the requirement of regulation 5(2) (provision of care to a cared for person) is to be treated as an award week in respect of which that individual satisfies that requirement if—

(a)

the individual only temporarily ceased to satisfy that requirement, and

(b)

the conditions in paragraphs (2) and (3) are met.

(2)

The condition is that the individual has not failed to satisfy the requirement of regulation 5(2) (provision of care to a cared for person)—

(a)

for a period of more than 12 weeks in the 26 weeks ending with the first week of the temporary break in care, where—

(i)

that individual was undergoing medical or other treatment as an in-patient in a hospital or similar institution, or

(ii)

the cared for person was undergoing medical or other treatment as an in-patient in a hospital or similar institution, or

(b)

for a period of more than 4 weeks in a period of 26 weeks ending with the first week of the temporary break in care, where the temporary break in care is for any other reason.

(3)

The condition is that the individual has not failed to satisfy the requirement of regulation 5(2) (provision of care to a cared for person) for more than 12 weeks in the 26 weeks ending with the award week in which an individual fails to satisfy the requirement of regulation 5(2) (provision of care to a cared for person).

(4)

Regulation 14 (earnings limit) does not apply to an individual in respect of an award week mentioned in paragraph (1).

(5)

Paragraph (1) applies to an individual who fails to satisfy the requirement of regulation 5(2) because they are in legal detention, provided the individual satisfies the requirements of this regulation.

(6)

Paragraphs (1), (2), (3) and (5) apply to Carer Additional Person Payment with the following modifications—

(a)

the references to “cared for person” are to be read as “additional cared for person”,

(b)

the references to regulation “5(2)” are to be read as “14B(3)”.”.

(26)

In regulation 41 (individuals in respect of whom Carer’s Allowance is paid in another part of the United Kingdom immediately before moving to Scotland)—

(a)

for paragraph (3) substitute—

“(3)

Where an application is received by Scottish Ministers within 26 weeks of the date of the move, entitlement to Carer Support begins—

(a)

on the first day of the award week in which the individual’s entitlement to Carer’s Allowance ceased, or

(b)

15 March 2026,

whichever is later.”,

(b)

after paragraph (3) insert—

“(3A)

Where—

(a)

entitlement begins in accordance with paragraph (3), and

(b)

the individual would have been entitled to any payment of Scottish Carer Supplement or Carer Additional Person Payment, had their entitlement to Carer Support started on a date between—

(i)

the date of the move, and

(ii)

the date their entitlement to Carer Support begins,

the value of the first payment of Carer Support to be given to the individual is to be increased by the value of any payment of Scottish Carer Supplement or Carer Additional Person Payment that they would have been entitled to for each award week between the dates referred to in heads (i) and (ii).”,

(c)

in paragraph (6) for “(3)” substitute “(3)(a)”.

(27)

In regulation 41A (individuals in respect of whom Carer’s Allowance was paid before 6 November 2025)—

(a)

in paragraph (1)(b) after “Carer Support Payment” insert “(before 15 March 2026) or Carer Support”,

(b)

in paragraph (2) omit “Payment”,

(c)

for paragraph (3) substitute—

“(3)

Where an application is received by the Scottish Ministers within 26 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Carer’s Allowance was not transferred to an entitlement to Carer Support Payment, entitlement to Carer Support begins on—

(a)

the first day of the award week in which the individual’s entitlement to Carer’s Allowance ceased, or

(b)

15 March 2026,

whichever is later.”,

(d)

after paragraph (3) insert—

“(3A)

Where—

(a)

entitlement begins in accordance with paragraph (3), and

(b)

the individual would have been entitled to any payment of Scottish Carer Supplement or Carer Additional Person Payment, had their entitlement to Carer Support started on a date between—

(i)

15 March 2026, and

(ii)

the date their entitlement to Carer Support begins,

the value of the first payment of Carer Support to be given to the individual is to be increased by the value of any payment of Scottish Carer Supplement or Carer Additional Person Payment that they would have been entitled to for each award week between the dates referred to in heads (i) and (ii).”,

(e)

in paragraph (4) omit “Payment” in second place it occurs,

(f)

in paragraph (6) for “(3)” substitute “(3)(a)”.

(28)

In regulation 41B (individuals with entitlement to Carer Support Payment in respect of whom Carer’s Allowance was paid before 6 November 2025)—

(a)

for the title substitute—

“Individuals with entitlement to Carer Support in respect of whom Carer’s Allowance was paid before 6 November 2025”

(b)

in paragraph (1)(c) omit “Payment”,

(c)

for paragraphs (2) and (3) substitute—

“(2)

The Scottish Ministers are to make a determination of an individual’s entitlement to Carer Support, without receiving an application, where—

(a)

they become aware that paragraph (1) applies to that individual, and

(b)

that individual was not entitled to Carer Support Payment on 14 March 2026.

(3)

Subject to paragraph (4), where a determination is made under paragraph (2) that an individual is entitled to Carer Support, their entitlement is to begin on—

(a)

the first day of the award week in which the individual’s entitlement to Carer’s Allowance ceased, or

(b)

15 March 2026,

whichever is later.”,

(d)

after paragraph (3) insert—

“(3A)

Where—

(a)

paragraph (3) applies, and

(b)

the individual would have been entitled to any payment of Scottish Carer Supplement or Carer Additional Person Payment, had their entitlement to Carer Support started on a date between—

(i)

15 March 2026, and

(ii)

the date their entitlement to Carer’s Allowance ends,

the value of the payment of Carer Support to be given to the individual is to be increased by the value of any payment of Scottish Carer Supplement or Carer Additional Person Payment that they would have been entitled to for each award week between the dates referred in heads (i) and (ii).”,

(e)

in paragraph (5) for “(3)” substitute “(3)(a)”.

(29)

In regulation 42 (individuals in respect of whom Carer Support Payment is paid at the time of moving to another part of the United Kingdom)—

(a)

for the heading substitute—

“Individuals in respect of whom Carer Support is paid at the time of moving to another part of the United Kingdom”,

(b)

in paragraph (1) for “Where” substitute “Subject to paragraph (1A), where”,

(c)

after paragraph (1) insert—

“(1A)

Where the cared for person dies within the period of 13 weeks referred to in paragraph (1), the individual is to be treated as though the individual meets the condition under regulation 6(1)(a) of being ordinarily resident in Scotland for a period of 8 award weeks after the first day of the award week following the award week in which the cared for person died.”,

(d)

in paragraph (1A) for “8” substitute “12”,

(e)

for paragraph (3) substitute—

“(3)

Where before the end of the 13-week period, the Scottish Ministers become aware that—

(a)

the individual is no longer to move to become resident in another part of the United Kingdom, or

(b)

the cared for person has died,

the duty in paragraph (2) does not apply.”.

(30)

In paragraph 14(k) of schedule 2 (calculation of earnings), for “Part 3” substitute “regulation 3(2) (overview).

Annotations

Footnotes

f1: 2016 asp 9.
f2: S.S.I. 2025/XXX.
f3: 2014 asp 10.