Regulation 5 Revocation and savings provisions - the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023

(1)

Despite the revocations and amendments made by these Regulations, the 2023 Regulations apply as they did prior to 15 March 2026—

(a)

in respect of an individual’s entitlement to Carer Support Payment for any period before that date,

(b)

for the purposes of determining—

(i)

except where regulation 8 (applications for Carer Support Payment) applies, an application for Carer Support Payment made before 15 March 2026 which has not been determined before that date, or

(ii)

entitlement to Carer Support Payment under the 2023 Regulations as they applied before 15 March 2026 in respect of any period before 15 March 2026.

(2)

Despite the amendment by regulation 3(26), regulation 41 (individuals in respect of whom Carer’s Allowance is paid in another part of the United Kingdom immediately before moving to Scotland) of the 2023 Regulations applies as it did prior to 15 March 2026 where the individual becomes resident in Scotland on or before 14 March 2026.

(3)

Despite the amendment by regulation 3(28), regulation 41B (individuals with entitlement to Carer Support Payment in respect of whom Carer’s Allowance was paid before 6 November 2025) of the 2023 Regulations applies as it did prior to 15 March 2026 where—

(a)

the Scottish Ministers become aware that paragraph 41B(1) would have applied to the individual as it did prior to 15 March 2026, and

(b)

that individual has continuing entitlement to Carer Support.

(4)

Despite the amendment by regulation 3(29)(a) and (d), regulation 42 (individuals in respect of whom Carer Support Payment is paid at the time of moving to another part of the United Kingdom) of the 2023 Regulations applies as it did before 15 March 2026 in respect of an individual who moved to become resident in another part of the United Kingdom before 15 March 2026.

(5)

The following provisions of the 2023 Regulations are revoked—

(a)

regulation 18A (entitlement beginning before individual satisfied the residence requirements in regulation 46),

(b)

regulation 18B (entitlement beginning before individual satisfied residence requirements in regulation 46 – individuals in education mentioned in regulation 13(2)),

(c)

regulation 20 (entitlement beginning before the commencement of these Regulations),

(d)

regulation 21 (amount and form of Carer Support Payment where payments are backdated),

(e)

Part 1A of schedule 1 (relevant date).

(6)

Despite the revocations in paragraph (5)(c) and (d), regulations 20 and 21 continue to have effect on and after 15 March 2026, where on or after 15 March 2026, it is determined under regulation 19 (applications made within 13 weeks of a qualifying disability benefit decision) as it applied before that date that an individual’s entitlement to Carer Support Payment would begin on a date before 19 November 2023.