{
  "url": "https://openlegislation.uk/social-security-invalid-care-allowance-regulations-1976/regulation-9E",
  "json_url": "https://openlegislation.uk/social-security-invalid-care-allowance-regulations-1976/regulation-9E.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/9E",
  "kind": "regulation",
  "number": "9E",
  "heading": "Persons with an ongoing claim for a carer’s allowance: effect of move to Scotland",
  "text": "(1) Where a person satisfies the conditions in paragraph (2), the Secretary of State must comply with the requirement in paragraph (5).\n(2) The conditions mentioned in paragraph (1) are, subject to paragraph (4), that the person—\n(a) has an ongoing claim for a carer’s allowance on the residence change date,\n(b) becomes permanently resident in Scotland on or after 6th November 2025, and\n(c) is, or in accordance with regulation 9 is treated for the purposes of regulation 9(1)(b) as being, present in England and Wales—\n(i) on the day on which the person makes the claim, and\n(ii) on the day before the residence change date.\n(3) For the purposes of paragraph (2)(a), a person has an ongoing claim on the residence change date if, before that date, the claim has not—\n(a) been decided by the Secretary of State under section 8 of the Social Security Act 1998,\n(b) been withdrawn in accordance with regulation 5(2) of the Claims and Payments Regulations, or\n(c) otherwise ceased to be under consideration before being decided by the Secretary of State under section 8 of the Social Security Act 1998.\n(4) Where the day referred to in paragraph (i) or (ii) of paragraph (2)(c) is before 6th November 2025, the condition in that paragraph is to be read to the effect that the person must be present in England and Wales, or treated for the purposes of regulation 9(1)(b) as being present in Great Britain, on that day.\n(5) The requirement mentioned in paragraph (1) is that the Secretary of State must make a decision under section 8 of the Social Security Act 1998 on the person’s claim for a carer’s allowance, unless the person withdraws the claim in accordance with regulation 5(2) of the Claims and Payments Regulations.\n(6) For the purposes of the decision of the Secretary of State mentioned in paragraph (5), regulation 9(1)(b) applies as if for “the relevant place” there were substituted “Great Britain”.\n(7) If the Secretary of State decides that the person is entitled to a carer’s allowance, the 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.\n(8) In this regulation, any reference to the date on which a person makes a claim for a carer’s allowance (however expressed) is to be construed in accordance with regulation 6 of the Claims and Payments Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1976/409/regulation/9E",
    "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."
}