# The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026, Article 21: Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006


(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
(2) In regulation 2(1) (interpretation), in the definition of “carer support payment”, for “carer’s assistance” substitute “the carer support payment component of carer support”.
(3) In regulation 29(1)(j) (meaning of “income”), after paragraph (xviih), insert—
“(xviiha) Scottish carer supplement and carer additional person payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.
(4) In Schedule 3 (applicable amounts), in paragraph 9 (carer premium)—
(a) in the words before sub-paragraph (2)(a), for “Where” substitute “Subject to sub-paragraph (5), where”;
(b) after sub-paragraph (4), insert—
“(5) For the purposes of sub-paragraph (2)(a), where the relevant premium has been awarded as a result of the claimant or the claimant’s partner being entitled to carer support payment, and the death occurred on or after 15th March 2026, the reference to “eight weeks” is to be read as “12 weeks”.”.
(5) In Schedule 6 (capital to be disregarded), after paragraph 21(2)(x), insert—
“(y) any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act;
(z) any Scottish carer supplement or carer additional person payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023”.

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Source: https://www.legislation.gov.uk/ukdsi/2026/9780348277302/article/21 (the official version)
Page: https://openlegislation.uk/draft-social-security-scotland-act-2018-carers-assistance-consequential-modifications-order-2026/article-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

