Explanatory note

These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409) (the “principal Regulations”). The Social Security Amendment (Carer’s Allowance) Regulations 2002 (S.I. 2002/2497) substitutes references to “Invalid Care Allowance” to “Carer’s Allowance” in certain legislative provisions. “Invalid Care Allowance” remains part of the title of these Regulations for statutory purposes.

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 engaged in caring for a severely disabled person provided that, amongst other things, the person claiming the 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. The amendment made by regulation 2 of these Regulations raises that amount to £120.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.