Regulation 47 Claimants subject to no work-related requirements

(1)

A claimant falls within section 11D of the Act (persons subject to no work-related requirements) if they are a claimant who—

(a)

has caring responsibilities for one or more severely disabled persons for at least 35 hours a week but does not meet the conditions of entitlement to a carer's allowance F1or have entitlement to carer support payment;

(b)

is the responsible foster parent of a child under the age of one;

(c)

is an adopter and it is 52 weeks or less since—

(i)

the date on which the child was placed with the claimant; or

(ii)

if the claimant requested that the 52 weeks should run from a date within 14 days before the child was expected to be placed, that date;

(d)

has been enrolled on, been accepted for or is undertaking, a full-time course of study or training which is not a course of advanced education and—

(i)

is under the age of 21, or is 21 and reached that age whilst undertaking the course; and

(ii)

is without parental support;

(e)

is entitled to an employment and support allowance which is payable at a nil rate;

(f)

is pregnant and it is 11 weeks or less before her expected week of confinement; or

(g)

was pregnant and it is 15 weeks or less since the date of her confinement.

(2)

Subject to paragraph (3), for the purposes of section 11D of the Act, a person has regular and substantial caring responsibilities for a severely disabled person if the person—

F2(a)

satisfies the conditions for entitlement to a carer’s allowance, or would do so but for the fact that—

(i)

their earnings have exceeded the limit prescribed for the purposes of that allowance; or

(ii)

they are—

(aa)

resident, or treated as resident, in Scotland; or

(bb)

resident outside of Great Britain and have a genuine and sufficient link to Scotland; or

(b)

is entitled to carer support payment.

(3)

A person does not have regular and substantial caring responsibilities for a severely disabled person if the person derives earnings from those caring responsibilities.

(4)

Paragraph (2) applies whether or not the person has made a claim for a carer's allowance.

(5)

In this regulation—

“adopter” means a person who has been matched with a child for adoption and who is, or is intended to be, the responsible carer for the child, but excluding a person who is a foster parent or close relative of the child;
“matched with a child for adoption” means an adoption agency has decided that the person would be a suitable adoptive parent for the child;
“severely disabled” has the meaning in section 70 of the Contributions and Benefits Act M1;
F3“sufficient” has the meaning given in paragraph 3 of Schedule 1 to the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
“without parental support” means the person is not being looked after by a local authority and—
1. (a)
  has no parent (in this definition, “parent” includes any person acting in the place of a parent);
2. (b)
  cannot live with their parents because the person is estranged from them or there is a serious risk—
  1. (i)
    to the person's physical or mental health; or
  2. (ii)
    that the person would suffer significant harm if the person lived with them; or
3. (c)
  is living away from their parents, and neither parent is able to support the person financially because that parent—
  1. (i)
    has a physical or mental impairment;
  2. (ii)
    is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
  3. (iii)
    is prohibited from entering or re-entering Great Britain.

Annotations

Textual amendments

F1: Words in reg. 47(1)(a) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 25(4)(a)
F2: Reg. 47(2)(a)(b) substituted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 25(4)(b)
F3: Words in reg. 47(5) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 25(4)(c)

Marginal citations

M1: Section 70 was amended by S.I.s 1994/2556, 2002/1457 and 2011/2426.