Regulation 10 Amendment of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023

(1)

The Carer Support Payment Regulations are amended in accordance with paragraphs (2) to (9).

(2)

In regulation 2 (interpretation), in the definition of “relevant EU Regulation”, for paragraph (b) substitute—

“(b)

in relation to an individual to whom the agreement constituted by the exchange of letters set out in the schedule of—

(i)

the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974^f1, or

(ii)

the Social Security (Gibraltar) Order 2024^f2,

applies, a Regulation mentioned in paragraph (a) of this definition as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018^f3,”.

(3)

In regulation 10(1)(c)(i) (persons residing in the United Kingdom to whom a relevant EU regulation applies)—

(a)

at the end of sub-head (cc), omit “or”,

(b)

after sub-head (dd), insert—

“or

(ee)

the agreement constituted by the exchange of letters set out in the schedule of the Social Security (Gibraltar) Order 2024, and”.

(4)

In regulation 11(2)(a)(i) (persons residing outside the United Kingdom to whom a relevant EU regulation applies)—

(a)

at the end of sub-head (cc), omit “or”,

(b)

at the end of sub-head (dd), for “and” substitute “or”,

(c)

after sub-head (dd), insert—

“(ee)

the agreement constituted by the exchange of letters set out in the schedule of the Social Security (Gibraltar) Order 2024, and”.

(5)

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

(a)

in paragraph (2)—

(i)

at the end of sub-paragraph (b)(ii), omit “or”,

(ii)

after sub-paragraph (c), insert—

“,

(d)

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

(e)

where regulation 41A (individuals in respect of whom Carer’s Allowance was paid before 6 November 2025 applies), in accordance with that regulation.”.

(b)

for paragraph (3), substitute—

“(3)

Where the individual does not satisfy the eligibility requirements set out in Part 3 of these Regulations on the date referred to in paragraph (2)(a), (b), (d) or (e), the Scottish Ministers may choose that entitlement begins on a later date, provided that—

(a)

the individual satisfies the eligibility requirements set out in Part 3 of these Regulations on the later date, and

(b)

that later date is no more than 13 weeks after the day on which their application is treated as made in accordance with paragraph (1).”.

(c)

for paragraph (4), substitute—

“(4)

For the purposes of section 38(3) of the 2018 Act^f4, the period covered by an application for Carer Support Payment—

(a)

under paragraph (2)(a)—

(i)

begins on the day on which the application is treated as having been made, and

(ii)

ends on—

(aa)

the day on which the determination of entitlement is made, or

(bb)

the date entitlement begins,

whichever is later,

(b)

under paragraph (2)(b)—

(i)

begins on the chosen date referred to in paragraph (2)(b), and

(ii)

ends on—

(aa)

the day on which the determination of entitlement is made, or

(bb)

the date entitlement begins,

whichever is later,

(c)

under paragraph (2)(c)—

(i)

begins on the date of the relevant qualifying disability benefit decision mentioned in regulation 19(1), and

(ii)

ends on the day on which the determination of entitlement is made,

(d)

under paragraph (2)(d)—

(i)

begins on the date of the move referred to in regulation 41(1), and

(ii)

ends on—

(aa)

the day on which the determination of entitlement is made, or

(bb)

the date entitlement begins,

whichever is later,

(e)

under paragraph (2)(e)—

(i)

begins on the date the individual’s entitlement to Carer’s Allowance ceased as mentioned in regulation 41A(3), and

(ii)

ends on—

(aa)

the day on which the determination of entitlement is made, or

(bb)

the date entitlement begins,

whichever is later.”.

(6)

For regulation 19(2) (applications made within 13 weeks of a qualifying disability benefit decision) substitute—

“(2)

Where the individual does not satisfy the eligibility requirements set out in Part 3 of these Regulations on the date on which the relevant qualifying disability benefit decision falls, the Scottish Ministers may determine that entitlement to Carer Support Payment begins on a later date, provided that—

(a)

the individual satisfies the eligibility requirements set out in Part 3 on the later date, and

(b)

that later date is no more than 13 weeks after the day on which their application is treated as made in accordance with regulation 18(1) (when an application is to be treated as made and beginning of entitlement to assistance).”.

(7)

In regulation 23 (temporary stop in entitlement)—

(a)

in paragraph (1)—

(i)

at the end of sub-paragraph (b), omit “or”,

(ii)

after sub-paragraph (c), insert—

“,

(d)

the cared for person has become resident in Scotland from another part of the United Kingdom and is therefore no longer a person to whom a qualifying disability benefit is normally payable,

(e)

the cared for person is a person to whom one of the qualifying disability benefits specified in paragraph (7A) was normally payable immediately before the corresponding date specified in that paragraph, but is no longer normally payable.”,

(b)

after paragraph (7) insert—

“(7A)

The qualifying disability benefits and the corresponding dates referred to in paragraph (1)(e) are—

(a)

the daily living component of Personal Independence Payment, to be normally payable before 6 November 2025

(b)

the care component of Disability Living Allowance at the middle or highest rate, to be normally payable before—

(i)

where an individual was under 16 before 7 July 2023, that day, or

(ii)

where the individual was 16 or over before 7 July 2023, 23 February 2026,

(c)

Attendance Allowance, to be normally payable before 23 February 2026.”.

(8)

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

“Individuals in respect of whom Carer’s Allowance is paid in another part of the United Kingdom immediately before moving to Scotland

41.

(1)

This regulation applies where an individual—

(a)

becomes resident in Scotland,

(b)

was resident in another part of the United Kingdom, and

(c)

was entitled to Carer’s Allowance in respect of a cared for person immediately before the date of the move.

(2)

Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Carer Support Payment, entitlement to assistance is to begin in accordance with paragraphs (3) to (5).

(3)

Where an application is received by the Scottish Ministers within 26 weeks of the date of the move, entitlement to Carer Support Payment begins on the first day of the award week in which the individual’s entitlement to Carer’s Allowance ceased.

(4)

Subject to paragraph (5), where an application is received by the Scottish Ministers more than 26 weeks after the date of move, entitlement to Carer Support Payment begins in accordance with regulation 18(2)(a), (b) or (c).

(5)

Where the Scottish Ministers are satisfied that there is a good reason why an application was made more than 26 weeks after the date of move, they may treat the application as having been made within that period.

(6)

Where entitlement begins in accordance with paragraph (3), for the week in which entitlement begins, “award week” means—

(a)

where the individual cares for a cared for person who is in receipt of Constant Attendance Allowance, a period of 4 days, starting on the Wednesday of that week and ending on the following Saturday, or

(b)

in all other cases, a period of 6 days, starting on the Monday of that week and ending on the following Saturday.

(7)

In this regulation, “the date of the move” is the date when the individual becomes resident in Scotland, as notified by the individual or otherwise communicated to the Scottish Ministers (whether the notification takes place before or after the date of the move).”.

(9)

After regulation 41, insert—

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

41A.

(1)

This regulation applies where an individual—

(a)

immediately before 6 November 2025—

(i)

was entitled to Carer’s Allowance,

(ii)

either—

(aa)

fell within the definition of a “relevant individual” in terms of regulation 44 and paragraph 3 of schedule 1 as they applied before 6 November 2025, or

(bb)

would have fallen within the definition referred to in sub-head (aa) had the entitlement to Carer’s Allowance referenced in head (i) been established prior to 6 November 2025,

(b)

has not had their entitlement transferred or otherwise become entitled to Carer Support Payment, and

(c)

is not a person to whom regulation 41(1) applies.

(2)

Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Carer Support Payment, entitlement to assistance is to begin in accordance with paragraphs (3) to (5).

(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 Payment begins on the first day of the award week in which the individual’s entitlement to Carer’s Allowance ceased.

(4)

Subject to paragraph (5), where an application is received by the Scottish Ministers more than 26 weeks from 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 Payment begins in accordance with regulation 18(2)(a), (b) or (c).

(5)

Where the Scottish Ministers are satisfied that there is a good reason why an application was made more than 26 weeks after the date described in paragraph (3), they may treat the application as having been made within that period.

(6)

Where entitlement begins in accordance with paragraph (3), for the week in which entitlement begins, “award week” means—

(a)

where the individual cares for a cared for person who is in receipt of Constant Attendance Allowance, a period of 4 days, starting on the Wednesday of that week and ending on the following Saturday, or

(b)

in all other cases, a period of 6 days, starting on the Monday of that week and ending on the following Saturday.

(7)

In this regulation and regulation 41B, references to transfer to Carer Support Payment are to transfer by virtue of regulation 44 and Part 2 of schedule 1 of these Regulations, as they applied before 6 November 2025.

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

41B.

(1)

This paragraph applies where an individual—

(a)

immediately before 6 November 2025—

(i)

was entitled to Carer’s Allowance,

(ii)

either—

(aa)

fell within the definition of a “relevant individual” in terms of regulation 44 and paragraph 3 of schedule 1 as they applied before 6 November 2025, or

(bb)

would have fallen within the definition referred to in sub-head (aa) had the entitlement to Carer’s Allowance referenced in head (i) been established prior to 6 November 2025,

(b)

has not had their entitlement transferred to Carer Support Payment,

(c)

has continuing entitlement to Carer Support Payment, and

(d)

is not a person to whom regulation 41(1) applies.

(2)

The Scottish Ministers must make a determination of an individual’s entitlement to Carer Support Payment, without receiving an application, where they become aware that paragraph (1) applies to that individual.

(3)

Subject to paragraph (4), where a determination is made under paragraph (2) that an individual is entitled to Carer Support Payment, their entitlement is to begin on the first day of the award week in which the individual’s entitlement to Carer’s Allowance ceased.

(4)

Where the individual—

(a)

does not satisfy the eligibility requirements set out in Part 3 of these Regulations on the date referred to in paragraph (3), and

(b)

will satisfy those requirements on a date within 13 weeks of the date referred to in paragraph (3),

their entitlement will begin on the first day of the award week in which they will satisfy those requirements.

(5)

Where entitlement begins in accordance with paragraph (3), for the week in which entitlement begins, “award week” means—

(a)

where the individual cares for a cared for person who is in receipt of Constant Attendance Allowance, a period of 4 days, starting on the Wednesday of that week and ending on the following Saturday, or

(b)

in all other cases, a period of 6 days, starting on the Monday of that week and ending on the following Saturday.”.

Annotations

Footnotes

f1: S.I. 1974/555.
f2: S.I. 2024/149.
f3: 2018 c. 16, relevantly amended by section 25(2) of the European Union (Withdrawal Agreement) Act 2020 (c. 1).
f4: 2018 asp 9.