Regulation 6 Amendment of the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020

The Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020^f1 are amended in accordance with paragraph (2).

In schedule 2 (procedural matters: carer’s allowance supplement), for paragraph 12 (first-tier tribunal’s power to determine entitlement) substitute—

“First-tier Tribunal’s power to determine entitlement

12.

(1)

In an appeal under paragraph 9 (right to appeal to the First-tier Tribunal against determination) against a determination of an individual’s entitlement to a carer’s allowance supplement, the First-tier Tribunal may—

(a)

uphold the determination, or

(b)

make its own determination of the individual’s entitlement to a carer’s allowance supplement.

(2)

In exercising its power under sub-paragraph (1), the First-tier Tribunal—

(a)

must not take into account any circumstances which did not exist at the relevant time, but

(b)

may take into account circumstances which existed but were not known at the relevant time.

(3)

In sub-paragraph (2), “the relevant time” means the time at which the individual’s entitlement fell to be determined by the Scottish Ministers in making the original determination under regulation 5 (determination of entitlement to a carer’s allowance supplement for individuals resident outside Scotland) in relation to that entitlement.”.