{
  "url": "https://openlegislation.uk/social-security-invalid-care-allowance-regulations-1976/regulation-7",
  "json_url": "https://openlegislation.uk/social-security-invalid-care-allowance-regulations-1976/regulation-7.json",
  "legislation": "uksi/1976/409",
  "legislation_title": "The Social Security (Invalid Care Allowance) Regulations 1976",
  "legislation_url": "https://openlegislation.uk/social-security-invalid-care-allowance-regulations-1976",
  "path": "regulation/7",
  "kind": "regulation",
  "number": "7",
  "heading": "manner of electing the person entitled to carer’s allowance in respect of a severely disabled person where more than one person would be entitledmanner of electing the person entitled to a carer’s allowance in respect of a severely disabled person for the purposes of section 70 of the Contributions and Benefits Act",
  "text": "(1) For the purposes of the provision in section 70(7ZA) of the Contributions and Benefits Act which provides that where, apart from that section, 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, being such one of them as they may jointly elect in the prescribed manner, an election shall be made by giving the Secretary of State a notice in writing signed by the persons who but for the said provision would have a relevant entitlement in respect of the same severely disabled person specifying one of them as the person to have that entitlement.\n(1A) For the purposes of section 70(7ZC) of the Contributions and Benefits Act which provides that where, apart from that section, one person (A) would have an entitlement mentioned in subsection (7ZB) and another person (B) would have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person, A and B may jointly elect in the prescribed manner which of them shall have such entitlement, an election shall be made by giving the Scottish Ministers a notice in writing signed by both A and B specifying that B shall have entitlement to carer’s allowance and A shall not have an entitlement mentioned in subsection (7ZB).\n(1B) For the purposes of section 70(7ZE) of the Contributions and Benefits Act which provides that where, apart from that section, one person (A) has, or would have an entitlement to universal credit carer element and another person (B) would have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person, A and B may jointly elect in the prescribed manner which of them shall have such entitlement, an election shall be made by giving the Scottish Ministers a notice in writing signed by both A and B specifying that B shall have an entitlement to carer’s allowance and A shall not have entitlement to universal credit carer element.\n(1C) For the purposes of section 70(7ZB) and (7ZC) of the Contributions and Benefits Act, which provides that where, apart from those subsections, one person (A) would have an entitlement mentioned in subsection (7ZB) and another person (B) would have a relevant entitlement for the same day in respect of the same severely disabled person, persons A and B may jointly elect in the prescribed manner that B shall have the relevant entitlement and that A shall not have an entitlement mentioned in subsection (7ZB), an election shall be made by giving the Secretary of State a notice in writing signed by both A and B specifying that B shall have the relevant entitlement and A shall not have an entitlement mentioned in subsection (7ZB).\n(2) An election under paragraphs (1), (1A) or (1B)paragraph (1) or (1C of this regulation shall not be effective to confer a relevant entitlement either for the day on which the election is made or for any earlier day if such day is one for which a carer’s allowance , carer support payment or the carer element of universal credit has been paid in respect of the severely disabled person in question and has not been repaid or recovered.\n(3) In paragraph (2) “the carer element of universal credit” means an amount included in an award of universal credit in respect of the fact that a person has regular and substantial caring responsibilities for a severely disabled person.\n(4) In paragraph (2), “carer support payment” means a payment made the Carer Support Payment component of Carer Support under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.\n(5) In paragraph (2), “carer support payment” means carer’s assistance the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 7 substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(6)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 7(1) substituted (E.W.) (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), 2(3); (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(b) (with reg. 9)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 7(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(2)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 7(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(2)(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 7(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(2)(c)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 7(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(2)(d)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Reg. 7(1A)(1B) inserted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(c) (with reg. 9)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Reg. 7(1C) inserted (E.W.) (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), 2(4)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in reg. 7(2) substituted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(d)(i) (with reg. 9)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in reg. 7(2) substituted (E.W.) (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), 2(5)(a)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in reg. 7(2) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(3)(a)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in reg. 7(2) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(3)(b)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in reg. 7(2) inserted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(d)(ii) (with reg. 9); (E.W.) (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), 2(5)(b)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Reg. 7(3) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(4)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Reg. 7(4) inserted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(e) (with reg. 9)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in reg. 7(4) substituted (S.) (15.3.2026) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), reg. 1(2), sch. 1 para. 3(2) (with reg. 5(1))"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Reg. 7(5) inserted (E.W.) (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), 2(6)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Words in reg. 7(5) substituted (E.W.) (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 3"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Reg. 7 heading substituted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(a) (with reg. 9)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Reg. 7 heading substituted (E.W.) (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), 2(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1976/409/regulation/7",
    "retrieved_at": "2026-10-29T20:29:18.568402+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}