# The Social Security Amendment (Carer’s Allowance) Regulations 2002

S.I. 2002/2497 · made 27 September 2002 · revised to 6 March 2006

These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409) and other Regulations as a consequence of changes made to section 70 of the Social Security Contributions and Benefits Act 1992 by the Regulatory Reform (Carer’s Allowance) Order 2002 (S.I. 2002/1457).

PDFs: Printed copy https://openlegislation.uk/social-security-amendment-carers-allowance-regulations-2002/pdf/uksi_20022497_en.pdf

## Introductory text

SOCIAL SECURITY
Made 27th September 2002
Laid before Parliament 4th October 2002
Coming into force—
except for the purposes of regulation 3 28th October 2002
for the purposes of regulation 3 1st April 2003
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by the enactments set out in Column 1 of Schedule 1 to these Regulations as amended by the provisions set out in Column 2 of that Schedule and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it and after consultation, in so far as they relate to council tax benefit and housing benefit, with organisations appearing to him to be representative of the authorities concerned, hereby makes the following Regulations:

## 1 Citation and commencement

These Regulations may be cited as the Social Security Amendment (Carer’s Allowance) Regulations 2002 and shall come into force—
(a) except for the purposes of regulation 3, on 28th October 2002; and
(b) for the purposes of regulation 3, on 1st April 2003.

## 2 Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

(1) The following provisions of the Social Security (Invalid Care Allowance) Regulations 1976 are hereby revoked—
(a) regulation 10 (circumstances in which a person over the age of 65 is to be treated as having been entitled to invalid care allowance immediately before attaining that age); and
(b) regulation 11 (invalid care allowance for persons over the age of 65).
(2) In regulation 10A(c) of those Regulations (women aged 65 before 28th October 1994) the words “and (5)” shall be omitted.

## 3 Amendments consequential upon change of name of benefit

Schedule 2 to these Regulations (which substitutes references to carer’s allowance and makes related provision for references to invalid care allowance) shall have effect.

## Signature

Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions

## Schedule 1 Enactments conferring powers exercised in making these Regulations

Column 1
Column 2
Enactment conferring power
Relevant amending provision
The Child Support Act 1991
Paragraph 4(1)(b) and (c) and (2) of Schedule 1
Part 1 of Schedule 1 was substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000
The Social Security Contributions and Benefits Act 1992
Section 22(5)
Amended by paragraph 22 of Schedule 2 to the Jobseekers Act 1995
Section 70
Amended by articles 2 and 3 of the Regulatory Reform (Carer’s Allowance) Order 2002
Section 79(2)
Section 90
Amended by section 70 of, and paragraph 26 of Schedule 8 to, the Welfare Reform and Pensions Act 1999
Section 113
Amended by paragraph 66 of Schedule 7 to the Social Security Act 1998
Section 124(1)(e)
Subsection (1)(e) was inserted by pararaph 30 of Schedule 2 to the Jobseekers Act 1995
Section 135(1)
Section 136(3) and (5)(b)
Section 138(2) and (4)
Section 175(1) and (4)
Amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999
Paragraph 2(8) of Schedule 3
Paragraph 2(8) was added by section 62(4) of the Welfare Reform and Pensions Act 1999
The Social Security Administration Act 1992
Section 2A
Section 2A was inserted by section 57 of the Welfare Reform and Pensions Act 1999
Section 5(1)
Section 7A
Section 7A was inserted by section 71 of the Welfare Reform and Pensions Act 1999
Section 73
Amended by paragraph 49 of Schedule 2 to the Jobseekers Act 1995
Section 78(2)
Section 107(1)
Section 189(1), (4) and (5)
Amended by paragraph 109 of Schedule 7 to the Social Security Act 1998, by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 and by Schedule 6 to the Tax Credits Act 2002
The Social Security (Consequential Provisions) Act 1992
Section 5
Paragraph 12 of Schedule 3
The Jobseekers Act 1995
Section 26(1)
Section 40
The Child Support Act 1995
Section 10
Section 26(1) and (3)
The Welfare Reform and Pensions Act 1999
Section 72
Section 83(1), (4) and (8)
The Immigration and Asylum Act 1999
Section 115(3), (4) and (5)

## Schedule 2: Substitution of references to invalid care allowance and related provision

## 1 

In the provisions mentioned in paragraph 2 below, for the words “invalid care allowance” wherever they occur, there shall be substituted the words “ carer’s allowance ”, preceded, where appropriate, by “a” instead of “an”.

## 2 

The provisions referred to in paragraph 1 are—
The Social Security Benefit (Persons Abroad) Regulations 1975
Regulation 10B
The Social Security (Credits) Regulations 1975
Regulation 7A
The Social Security (Invalid Care Allowance) Regulations 1976
Regulations 2A, 3, 6, 7, 8, 9, 10A, 11A and 14, and Schedule 1
The Social Security Benefit (Dependency) Regulations 1977
Regulations 1 and 12, and Parts I and II of Schedule 2
The Social Security (Overlapping Benefits) Regulations 1979
Regulations 4 and 12, and Schedule 1
The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
Regulation 17
The Income Support (General) Regulations 1987
Regulation 57, Schedule 1B, Parts III and IV of Schedule 2, and Schedule 8
The Social Security (Claims and Payments) Regulations 1987
Regulations 2 and 4A and Part I of Schedule 1, and Schedule 6
The Housing Benefit (General) Regulations 1987
Parts III and IV of Schedule 2, and Schedule 3
The Social Fund (Recovery by Deductions from Benefits) Regulations 1988
Regulation 3
The Income Support (Liable Relatives) Regulations 1990
Regulation 2
The Council Tax Benefit (General) Regulations 1992
Parts III and IV of Schedule 1, and Schedule 3
The Social Security (Incapacity Benefit) Regulations 1994
Regulation 2B
The Social Security (Back to Work Bonus) (No. 2) Regulations 1996
Regulation 4
The Social Security (Invalid Care Allowance) Amendment Regulations 1996
Regulation 3
The Social Security (Child Maintenance Bonus) Regulations 1996
Regulation 4
The Social Security (Claims and Information) Regulations 1999
Regulations 4 and 17
The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000
Regulations 2 and 12, and Part II of the Schedule
The Child Support (Maintenance Calculations and Special Cases) Regulations 2000
Regulation 4
The Social Security (Jobcentre Plus Interviews) Regulations 2002
Regulations 2, 4 and 12

## 3 

In—
(a) Regulations 6 and 19 of the Social Security (Claims and Payments) Regulations 1987 ; and
(b) Regulation 3 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 ,
after the words “invalid care allowance” wherever they occur, there shall be added “ or carer’s allowance, as the case may be, ”.

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409) and other Regulations as a consequence of changes made to section 70 of the Social Security Contributions and Benefits Act 1992 by the Regulatory Reform (Carer’s Allowance) Order 2002 (S.I. 2002/1457).
Regulation 2 revokes regulations 10 and 11 of the Social Security (Invalid Care Allowance) Regulations 1976. These regulations are revoked as the powers under which they are made, namely section 70(5) and (6) of the Social Security Contributions and Benefits Act 1992, are repealed by article 3(2) of the Regulatory Reform (Carer’s Allowance) Order 2002.
Regulation 3 brings into force Schedule 2 to these Regulations which makes changes to secondary legislation, as a consequence of the change of the name of the allowance from invalid care allowance to carer’s allowance.
These Regulations do not impose any charge on business.

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Source: https://www.legislation.gov.uk/uksi/2002/2497 (the official version)
Page: https://openlegislation.uk/social-security-amendment-carers-allowance-regulations-2002
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.