Article 22 Amendment of the Employment and Support Allowance Regulations 2008

(1)

The Employment and Support Allowance Regulations 2008^f1 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 Schedule 4 (amounts), in paragraph 8 (carer premium)—

(a)

in sub-paragraph (1), for “and (4)” substitute “, (4) and (5)”;

(b)

in the words before sub-paragraph (2)(a), for “Where” substitute “Subject to sub-paragraph (5), where”;

(c)

in the words before sub-paragraph (4)(a), for “Where” substitute “Subject to sub-paragraph (5), where”;

(d)

after sub-paragraph (4), insert—

“(5)

For the purposes of sub-paragraphs (2)(a) and (4)(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 references to “8 weeks” are to be read as “12 weeks”.”.

(4)

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), after paragraph 75, insert—

“76

Any Scottish carer supplement given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

77

Any carer additional person payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

(5)

In Schedule 9 (capital to be disregarded), in paragraph 11(1)—

(a)

in paragraph (a), for “or 74” substitute “, 74, 76 or 77”;

(b)

after paragraph (e), insert—

“(f)

carer support payment, but only that amount 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 Contributions and Benefits Act,”.

Annotations

Footnotes

f1: S.I. 2008/794, amended by S.I. 2023/1218; there are other amending instruments but none is relevant.