Paragraph 3 Member caring for another personF1
A member (the carer)—
who is regularly and substantially engaged in caring for another person if—
the person being cared for is in receipt of attendance allowance F2, pension age disability payment F3, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act F4, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations F5, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 F6, armed forces independence payment F7, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F8or the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or
the person being cared for has claimed attendance allowance F9or pension age disability payment but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or
the person being cared for has claimed attendance allowance in accordance with section 65(6)(a) of the Benefits Act (claims in advance of entitlement), an award has been made in respect of that claim under section 65(6)(b) of that Act and, where the period for which the award is payable has begun, that person is in receipt of the allowance;
the person being cared for has claimed pension age disability payment, the claim is treated as made at a later date in accordance with regulation 27(2) (when an application is to be treated as made) of the Disability Assistance for Older People (Scotland) Regulations 2024, an award has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the payment; or
the person being cared for has claimed entitlement to a disability living allowance F11, child disability payment F12, Scottish adult disability living allowance F13, armed forces independence payment F14F15, personal independence payment F16or adult disability payment but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or
the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with regulation 13A of the Claims and Payments Regulations (advance claims and awards), an award at the highest or middle rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the allowance; F17...
the person being cared for (“P”) has claimed entitlement to the care component of child disability payment in accordance with regulation 24 (when an application is to be treated as made and beginning of entitlement to assistance) of the DACYP Regulations, an award at the highest or middle rate has been made in respect of P’s claim, and where the period for which the award is payable has begun, P is in receipt of that payment;
the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 33 of the Universal Credit etc. Claims and Payments Regulations (advance claim for and award of personal independence payment), an award of the standard or enhanced rate of the daily living component has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment; F20...
the person being cared for has claimed entitlement to the daily living component of adult disability payment in accordance with regulation 35 (when an application is to be treated as made and beginning of entitlement to assistance) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, an award of the standard or enhanced rate of the daily living component has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment; or
the person being cared for has claimed entitlement to armed forces independence payment and an award has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of that payment;
Annotations
Textual amendments
- F1
Sch. A1 inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), regs. 1(1), 2(4), Sch. 1
- F2
Words in Sch. A1 para. 3(a)(i) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(6)(a)
- F3
Words in Sch. A1 para. 3(a)(i) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(6)(a)
- F4
Words in Sch. A1 para. 3(a)(i) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 3 para. 6(a)
- F5
Words in Sch. A1 para. 3(a)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(6)(a)
- F6
Words in Sch. A1 para. 3(a)(i) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(6)(a)
- F7
Sch. A1 para. 3(a)(i): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(6)(a)(i)
- F8
Words in Sch. A1 para. 3(a)(i) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(6)(a)(ii)
- F9
Words in Sch. A1 para. 3(a)(ii) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(6)(b)
- F10
Sch. A1 para. 3(a)(iiia) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(6)(c)
- F11
Words in Sch. A1 para. 3(a)(iv) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 3 para. 6(b)
- F12
Words in Sch. A1 para. 3(a)(iv) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(6)(b)
- F13
Words in Sch. A1 para. 3(a)(iv) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(6)(b)
- F14
Words in Sch. A1 para. 3(a)(iv) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(6)(b)
- F15
Sch. A1 para. 3(a)(iv): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(6)(b)(i)
- F16
Words in Sch. A1 para. 3(a)(iv) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(6)(b)(ii)
- F17
Word in Sch. A1 para. 3(a) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(6)(c)
- F18
Sch. A1 para. 3(a)(va) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 3 para. 6(c)
- F19
Sch. A1 para. 3(a)(vi) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(6)(c)
- F20
Word in Sch. A1 para. 3(a)(vi) omitted (21.3.2022) by virtue of The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(6)(c)
- F21
Sch. A1 para. 3(a)(via) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 5(6)(d)
- F22
Sch. A1 para. 3(a)(vii) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 10(6)(d)
- F23
Words in Sch. A1 substituted (1.4.2003) by The Social Security (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/511), regs. 1, 3(4)(5)
- F24
Words in Sch. A1 para. 3(b) 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(8)
Notes on the whole SI
Textual amendments
- F1
- 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).
Notes on Schedule A1
Textual amendments
- F2
Words in Sch. A1 heading substituted (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(2), 2(6)(a)