Explanatory note

These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409) (“the principal Regulations”).

Under section 70 of the Social Security Contributions and Benefits Act 1992 (c.4), a person is entitled to a carer’s allowance for any day on which that person is caring for a severely disabled person provided that, among other things, the person claiming carer’s allowance is not gainfully employed.

Regulation 8(1) of the principal Regulations prescribes that a person is only to be treated as gainfully employed on any day in a week if their earnings in the immediately preceding week have exceeded a prescribed amount. That amount is currently £102. The amendment made by regulation 2 raises that amount to £110.

An impact assessment has not been published for this instrument as it has no impact on business or civil society organisations.