Paragraph 17 Carer Premium

(1)

Subject to sub-paragraphs (3) F1, (4) and (5), the condition is that the claimant or his partner is, or both of them are, F2entitled to F3carer’s allowance under section 70 of the Benefits Act F4or carer support payment.

F5(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3)

F7Subject to sub-paragraph (5), where a carer premium is awarded but—

(a)

the person in respect of whose care the carer’s allowance F8or carer support payment has been awarded dies; or

(b)

in any other case the person in respect of whom a carer premium has been awarded ceases to be entitledF9... to a carer’s allowance or carer support payment,

the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.

(3A)

The relevant date for the purposes of sub-paragraph (3) above shall be—

(a)

F10where sub-paragraph (3)(a) applies, the Sunday following the death of the person in respect of whose care a carer’s allowance F11or carer support payment has been awarded or the date of death if the death occurred on a Sunday;

F12(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

in any other case, the date on which the person who has been entitled to a carer’s allowance or carer support payment ceases to be entitled to that allowance F13or payment.

F14(4)

F15Subject to sub-paragraph (5), where a person who has been entitled to an carer’s allowance F16or carer support payment ceases to be entitled to that allowance F17or payment and makes a claim for a jobseeker’s allowance, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which–

F18(a)

the person in respect of whose care the carer’s allowance or carer support payment has been awarded dies;

F19(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

F20in any other case, the person who has been entitled to a carer’s allowance or carer support payment ceased to be entitled to that allowance or payment.

F21(5)

For the purposes of sub-paragraphs (3)(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 “eight weeks” are to be read as “12 weeks”.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 17(1) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(3)(a)(i)
F2: Words in Sch. 1 para. 17(1) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(b)(i)
F3: Words in Sch. 1 Pts. 3-4B substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)
F4: Words in Sch. 1 para. 17(1) 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), 8(9)(c)(i)
F5: Sch. 1 para. 17(2) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(i)
F6: Sch. 1 para. 17(3), (3A) substituted for (28.10.2002) by The Social Security Amendment (Carer Premium) Regulations 2002 (S.I. 2002/2020), regs. 1, 3(1)(a)
F7: Words in Sch. 1 para. 17(3) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(3)(a)(ii)
F8: Words in Sch. 1 para. 17(3) 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), 8(9)(c)(ii)
F9: Words in Sch. 1 para. 17(3)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(ii)
F10: Words in Sch. 1 para. 17(3A)(a) inserted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(iii)(aa)
F11: Words in Sch. 1 para. 17(3A) 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), 8(9)(c)(iii)(aa)
F12: Sch. 1 para. 17(3A)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(iii)(bb)
F13: Words in Sch. 1 para. 17(3A) 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), 8(9)(c)(iii)(bb)
F14: Sch. 1 para. 17(3)(4) substituted (3.4.2000) by The Social Security (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/681), regs. 1(1)(c), 4(3)(b)(iii)
F15: Words in Sch. 1 para. 17(4) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(3)(a)(iii)
F16: Words in Sch. 1 para. 17(4) 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), 8(9)(c)(iv)(aa)
F17: Words in Sch. 1 para. 17(4) 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), 8(9)(c)(iv)(bb)
F18: Sch. 1 para. 17(4)(a)-(c) substituted for (28.10.2002) by The Social Security Amendment (Carer Premium) Regulations 2002 (S.I. 2002/2020), regs. 1, 3(1)(b)
F19: Sch. 1 para. 17(4)(b) omitted (1.10.2003) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(iv)(aa)
F20: Sch. 1 para. 17(4)(c) substituted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(3)(a)(iv)(bb)
F21: Sch. 1 para. 17(5) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 12(3)(a)(iv)

Notes on the whole SI

Textual amendments

F1: 1995 c.18.
F2: Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".
F3: 1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".
F4: 1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
F5: See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).