Section 70 Carer’s allowance.F19E1

A person shall be entitled to F1a carer’s allowance for any day on which he is engaged in caring for a severely disabled person if—

A person who was entitled to an allowance under this section immediately before the death of the severely disabled person referred to in subsection (1) shall continue to be entitled to it, even though he is no longer engaged in caring for a severely disabled person (and the requirements of subsection (1)(a) and (c) are not satisfied), until—

whichever occurs first.

In this section, “severely disabled person” means a person in respect of whom there is payable either an attendance allowance or a disability living allowance by virtue of entitlement to the care component at the highest or middle rate F3or personal independence payment by virtue of entitlement to the daily living component at the standard or enhanced rate F4or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517) F5or F6adult disability payment by virtue of entitlement to the daily living component at the standard or enhanced rate or child disability payment by virtue of entitlement to the care component at the middle or highest rate F7or Scottish adult disability living allowance by virtue of entitlement to the care component at the middle or highest rate F8or pension age disability payment or such other payment out of public funds on account of his need for attendance as may be prescribed.

A person shall not be entitled to an allowance under this section if he is under the age of 16 or receiving full-time education.

A person shall not be entitled to an allowance under this section unless he satisfies prescribed conditions as to residence or presence in Great Britain.

A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to an allowance under this section for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.

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No person shall be entitled for the same day to—

Where, apart from this subsection, two or more persons would have a relevant entitlement for the same day in respect of the same severely disabled person, one of them only shall have that entitlement and that shall be such one of them—

Subsection (7ZC) applies where a person (A)—

for a day in respect of a severely disabled person.

Another person (B) shall not have a relevant entitlement for the same day in respect of the same severely disabled person unless—

for that day in respect of that severely disabled person.

For the purposes of F13subsections (7ZA) and (7ZC) a person has a “relevant entitlement” if—

In subsections (7) and (7ZB), “carer support payment” means F16carer’s assistance the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a severely disabled person, as gainfully employed or as receiving full-time education.

F17A carer’s allowance shall be payable at the weekly rate specified in Schedule 4, Part III, paragraph 4.

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