Regulation 16 Revocation and savings provisions – the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023

(1)

Except where paragraphs (2) to (7) apply, the following provisions of the Carer Support Payment Regulations are revoked—

(a)

regulation 36(f) and (g) (determination following change of circumstances etc.),

(b)

regulation 44 (transfer from Carer’s Allowance to Carer Support Payment),

(c)

regulation 45 (initial period for applications),

(d)

regulation 46 (transitory provision – initial period for applications),

(e)

regulation 47 (exclusion to transitory provision),

(f)

Part 1 of schedule 1 (initial period for applications), and

(g)

Part 2 of schedule 1 (transfer to Carer Support Payment).

(2)

Regulation 36(f), 44 and part 2 of schedule 1 of the Carer Support Payment Regulations continue to have effect on and after 6 November 2025 for any individual on whom, prior to 6 November 2025, the Scottish Ministers have served a notice of intention to transfer to Carer Support Payment under paragraph 4 of the schedule of those Regulations.

(3)

Despite the revocations at paragraph (1), and substitution by regulation 10(8) of these Regulations, where, prior to 6 November 2025—

(a)

an individual becomes resident in Scotland, and

(b)

the Scottish Ministers become aware that the individual has become resident in Scotland,

the provisions of the Carer Support Payment Regulations mentioned in paragraph (4) apply as they did prior to 6 November 2025.

(4)

The provisions referred to in paragraph (3) are—

(a)

regulation 36(g), and

(b)

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