{
  "url": "https://openlegislation.uk/draft-carers-assistance-miscellaneous-and-consequential-amendments-revocation-transitional-and-saving-provisions-scotland-regulations-2025/schedule-2/paragraph-4",
  "json_url": "https://openlegislation.uk/draft-carers-assistance-miscellaneous-and-consequential-amendments-revocation-transitional-and-saving-provisions-scotland-regulations-2025/schedule-2/paragraph-4.json",
  "legislation": "sdsi/2025/9780111063552",
  "legislation_title": "The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-carers-assistance-miscellaneous-and-consequential-amendments-revocation-transitional-and-saving-provisions-scotland-regulations-2025",
  "path": "schedule/2/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": "Review determination",
  "text": "(1) The Scottish Ministers must make a determination of an individual’s entitlement to Carer Support, without receiving an application, where—\n(a) either—\n(i) the individual, before a determination under paragraph 1(1) is made, reported a change of circumstances to the Scottish Ministers, which had not yet been taken into account for the individual’s entitlement to Carer Support Payment, or\n(ii) the Scottish Ministers—\n(aa) before a determination under paragraph 1(1) is made, otherwise became aware of information in relation to the individual’s entitlement to Carer Support Payment which had not yet been taken into account in the latest determination of their entitlement to Carer Support Payment, or\n(bb) become aware that the individual met the condition in regulation 14B(1)(b) (Carer Additional Person Payment) of the 2023 Regulations as inserted by these Regulations on 15 March 2026,\n(b) the Scottish Ministers have made a determination under paragraph 1(1), and\n(c) the individual has not requested a re-determination under section 41 of the 2018 Act, or an appeal under section 46 of the 2018 Act, in relation to the determination under paragraph 1(1).\n(2) The determination under sub-paragraph (1) is to be made as soon as reasonably practicable after the determination under paragraph 1(1).\n(3) The information mentioned in paragraph 1(3)(b) is to be taken into account by the Scottish Ministers in making a determination under sub-paragraph (1).\n(4) Subject to sub-paragraph (6), where an individual’s entitlement to Carer Support is determined under sub-paragraph (1) to be at a higher rate than the determination under paragraph 1(1), entitlement will begin—\n(a) where the individual—\n(i) reports the change within 13 weeks of the change occurring, or\n(ii) provides the information demonstrating that they would have met the condition in regulation 14B(1) of the 2023 Regulations as inserted by these Regulations on 15 March 2026 within 13 weeks of the determination under 1(1),\non the first day of the award week in which the individual first satisfies the requirements for an increased amount of Carer Support,\n(b) in any other case, on the first day of the award week in which the individual reports the change or provides the information.\n(5) Where, in accordance with sub-paragraph (4), an individual’s entitlement to Carer Support would begin before 15 March 2026, their entitlement to Carer Support is instead to begin on 15 March 2026.\n(6) Where the Scottish Ministers are satisfied that there is a good reason why the individual reports the change or provides the information demonstrating that they met the condition in regulation 14B(1) of the 2023 Regulations as inserted by these Regulations on 15 March 2026 more than 13 weeks after the expiry of the relevant period mentioned in sub-paragraph (4)(a) or (b), entitlement begins on the first day of the award week in which the individual first satisfies the requirements for an increased amount of Carer Support.\n(7) Where an individual’s entitlement to Carer Support is determined under sub-paragraph (1) to be at a lower rate than or at the same rate as awarded by the determination under paragraph 1(1), entitlement will begin on the first day of the award week following the award week in which—\n(a) the individual should have notified the Scottish Ministers of the change, where the individual was required to notify a change under section 56 of the 2018 Act, if the individual—\n(i) knowingly fails to notify a change, or\n(ii) fails to notify the change as soon as reasonably practicable after it occurred, or\n(b) in any other case, the Scottish Ministers make a determination under sub-paragraph (1).\n(8) Where the Scottish Ministers consider that in all the circumstances it would be unjust not to do so, they may, when making their determination, set a later date for the purposes of sub-paragraph (6).\n(9) Where an individual has previously received Carer Support for a period and a determination is subsequently made under sub-paragraph (1) that the individual is entitled to Carer Support at a higher rate for that period by virtue of this paragraph, the individual will be entitled to the difference between the value of entitlement to Carer Support under the subsequent determination and the value of Carer Support to which that individual was previously entitled for that period.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2025/9780111063552/schedule/2/paragraph/4",
    "retrieved_at": "2026-10-30T15:28:29.918751+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}