Regulation 9D Persons who are entitled to a carer’s allowance: effect of move to ScotlandF1

(1)

This regulation applies where a person entitled to a carer’s allowance becomes permanently resident in Scotland on or after 6th November 2025.

(2)

If, on the day before the residence change date, a person—

(a)

is entitled to a carer’s allowance other than under article 4 of the Regulatory Reform (Carer’s Allowance) Order 2002, and

(b)

satisfies the condition in paragraph (3),

that person is, insofar as they are not present in England and Wales on or after the residence change date, to be treated as present in England and Wales for the purposes of regulation 9(1)(b) for the duration of the run-on period.

(3)

The condition referred to in paragraph (2) is that, where the person is entitled to a carer’s allowance under section 70(1A) of the Contributions and Benefits Act on the day before the residence change date, the period specified in paragraph (b) of section 70(1A) is still running on the residence change date.

(4)

For the purposes of this regulation and regulation 9E—

(a)

“residence change date”, in relation to a person, means the date on which the person becomes permanently resident in Scotland (whether or not the Secretary of State is notified of the move and whether or not any such notification takes place before or after the person moves to Scotland);

(b)

“run-on period”, in relation to a person, is the period—

(i)

beginning with the residence change date, and

(ii)

ending—

(aa)

where the severely disabled person dies before the residence change date, at the end of the period of eight weeks beginning with the Sunday following the death of the severely disabled person (or beginning with the date of death if the death occurred on a Sunday),

(bb)

where the severely disabled person dies within the relevant period, at the end of the period of eight weeks beginning with the Sunday following the death of the severely disabled person (or beginning with the date of death if the death occurred on Sunday), or

(cc)

in any other case, at the end of the day preceding the first pay day following the end of the relevant period (irrespective of whether or not the person’s carer’s allowance is payable in that particular week);

(c)

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987.

(5)

For the purposes of paragraph (4)(b)(ii)—

(a)

“the relevant period” means the period of 13 weeks beginning with the residence change date;

(b)

“pay day” means the day of the week on which the person’s carer’s allowance is payable in accordance with paragraph 4 of Schedule 6 to the Claims and Payments Regulations 1987.

Annotations

Textual amendments

F1: Regs. 9D, 9E inserted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(3) (with reg. 6)

Notes on Part II

Textual amendments

F1: Words in Pt. II heading substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1, Sch. 2 para. 1, 2