{
  "url": "https://openlegislation.uk/social-security-scotland-act-2018-carers-assistance-consequential-modifications-order-2026/note",
  "json_url": "https://openlegislation.uk/social-security-scotland-act-2018-carers-assistance-consequential-modifications-order-2026/note.json",
  "legislation": "uksi/2026/246",
  "legislation_title": "The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026",
  "legislation_url": "https://openlegislation.uk/social-security-scotland-act-2018-carers-assistance-consequential-modifications-order-2026",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order makes amendments in consequence of regulations made under section 28 (carer’s assistance) of the Social Security (Scotland) Act 2018 (asp 9). Those regulations are the Carer’s Assistance (Carer Support Payment) Regulations 2023 (SSI 2023/302) (“2023 Regulations”) and the Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (SSI 2025/340) (“2025 Regulations”).\nThe 2023 Regulations introduced arrangements for the payment of carer’s assistance in Scotland in the form of “carer support payment”. The carer support payment replaced the carer’s allowance for carers residing in Scotland.\nThe 2025 Regulations amended the 2023 Regulations to introduce “carer support”, which consists of i) “carer support payment”, ii) “Scottish carer supplement”, and iii) “carer additional person payment” where there is an additional person cared for by the carer support recipient. They also amended the 2023 Regulations to provide that carers in receipt of carer support (consisting of all applicable components) will continue to receive that benefit after the death of their cared-for person for twelve weeks instead of eight weeks.\nThis Order does the following.\nIt makes amendments to defined terms in social security legislation to reflect the introduction of carer support payment by the 2023 Regulations, and the subsequent introduction of carer support and its three components by the 2025 Regulations.\nFor carers in receipt of carer support payment (as introduced by the 2025 Regulations) who receive a resultant carer premium attached to certain reserved benefits, the period that they receive the carer premium after their cared-for person dies is being extended from eight weeks to twelve weeks. The reserved benefits this will apply to are Income Support, income-based Jobseeker’s Allowance, income-related Employment and Support Allowance, Pension Credit and Housing Benefit.\nIt amends social security legislation to set out the extent to which carer support (as introduced by the 2025 Regulations) is to be taken into account in the calculation of capital and income for the purpose of determining entitlement to Income Support, income-based Jobseeker’s Allowance, income-related Employment and Support Allowance, Pension Credit and Housing Benefit.\nA full Impact Assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/246/note",
    "retrieved_at": "2026-10-28T21:04:45.793244+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."
}