# The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025, Paragraph 1: Determination without application of entitlement to Carer Support


(1) Subject to paragraph 2(1), the Scottish Ministers must make a determination of an individual’s entitlement to Carer Support, without receiving an application, where—
(a) the individual had an ongoing entitlement to Carer Support Payment on 14 March 2026, or
(b) on or after 15 March 2026, the individual is awarded Carer Support Payment in respect of a period that includes 14 March 2026.
(2) Entitlement to Carer Support by virtue of a determination under sub-paragraph (1) begins on 15 March 2026.
(3) Subject to sub-paragraph (4), the determination under sub-paragraph (1) is to be made on the basis of—
(a) such information as is available to the Scottish Ministers in respect of the individual’s entitlement to Carer Support Payment on 14 March 2026, and
(b) any other information available to the Scottish Ministers that appears to them to be relevant.
(4) A determination under sub-paragraph (1) does not need to be made on the basis of the information mentioned in sub-paragraph (3)(b) where—
(a) before a determination is made under sub-paragraph (1)—
(i) the individual reported a change of circumstances to the Scottish Ministers, which has not been taken into account in the latest determination of the individual’s entitlement to Carer Support Payment,
(ii) the Scottish Ministers otherwise became aware of information in relation to the individual’s entitlement to Carer Support Payment which had not been taken into account in the latest determination of their entitlement to Carer Support Payment, or
(iii) it appears to the Scottish Ministers from that information that the individual may be entitled to Carer Additional Person Payment on or after 15 March 2026, and
(b) following a determination under sub-paragraph (1) a further determination is to be made under paragraph 4.
(5) A determination under sub-paragraph (1) must be made on the basis that the individual is entitled to the amount of the Carer Support Payment component of Carer Support that is equivalent to the amount of Carer Support Payment to which the individual was entitled on or in respect of 14 March 2026.
(6) A determination under sub-paragraph may be made on the assumption that whatever can be discerned about the individual’s circumstances from the information mentioned in sub-paragraph (3) remains accurate on the date on which the determination is made.
(7) Where—
(a) on 14 March 2026 an individual was receiving Carer Support Payment by way of deduction under regulation 26 (form of payment – giving Carer Support Payment by way of deduction) of the 2023 Regulations as it applied on that date, and
(b) the Scottish Ministers make a determination under sub-paragraph (1),
Carer Support may also be given by way of deduction.

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111063552/schedule/2/paragraph/1 (the official version)
Page: https://openlegislation.uk/draft-carers-assistance-miscellaneous-and-consequential-amendments-revocation-transitional-and-saving-provisions-scotland-regulations-2025/schedule-2/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.