Regulation 2 Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

(1)

The Social Security (Invalid Care Allowance) Regulations 1976^f1 are amended as follows.

(2)

In regulation 9 (conditions relating to residence and presence in Great Britain)—

(a)

in paragraph (1), in the words before sub-paragraph (a), for “and 9C” substitute “, 9C, 9D and 9E”;

(b)

in paragraph (1)(b), for “Great Britain” substitute “the relevant place”;

(c)

after paragraph (1), insert—

“(1B)

For the purposes of this regulation, “the relevant place” is—

(a)

if the person is entitled to a carer’s allowance in accordance with article 4 of the Regulatory Reform (Carer’s Allowance) Order 2002^f2 (transitional provision), Great Britain;

(b)

otherwise, England and Wales.

(1C)

In this regulation, “the relevant area” means—

(a)

for the purposes of paragraphs (1)(a) and (c), Great Britain;

(b)

for the purposes of paragraph (1)(b), the relevant place.”;

(d)

in paragraph (2), in the words before sub-paragraph (a), for “Great Britain” in the second place it appears substitute “the relevant area”;

(e)

in paragraphs (3)(a) and (3)(b), for “Great Britain” substitute “the relevant area”;

(f)

after paragraph (3), insert—

“(4)

Where a person is required for the purposes of paragraph (1)(b) to be present in England and Wales, even though the person is absent from England and Wales on any day, the person is to be treated as though present in England and Wales on that day if—

(a)

the person is in Scotland, and

(b)

the person’s absence—

(i)

is, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 4 weeks, or

(ii)

is temporary and for the specific purpose of caring for the severely disabled person who is also absent from England and Wales and where any of the benefits or payments mentioned in, or prescribed for the purposes of, section 70(2) of the Contributions and Benefits Act^f3 is payable in respect of that disabled person for that day.”.

(3)

After regulation 9C (refugees and certain persons with leave to enter and remain in the United Kingdom), insert—

“Persons who are entitled to a carer’s allowance: effect of move to Scotland

9D

(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^f4 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^f5.

(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.

Persons with an ongoing claim for a carer’s allowance: effect of move to Scotland

9E

(1)

Where a person satisfies the conditions in paragraph (2), the Secretary of State must comply with the requirement in paragraph (5).

(2)

The conditions mentioned in paragraph (1) are, subject to paragraph (4), that the person—

(a)

has an ongoing claim for a carer’s allowance on the residence change date,

(b)

becomes permanently resident in Scotland on or after 6th November 2025, and

(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—

(i)

on the day on which the person makes the claim, and

(ii)

on the day before the residence change date.

(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—

(a)

been decided by the Secretary of State under section 8 of the Social Security Act 1998^f6,

(b)

been withdrawn in accordance with regulation 5(2) of the Claims and Payments Regulations, or

(c)

otherwise ceased to be under consideration before being decided by the Secretary of State under section 8 of the Social Security Act 1998.

(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.

(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.

(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”.

(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.

(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.”.

Annotations

Footnotes

f1: S.I. 1976/409; relevant amending instruments are S.I. 1996/2744, 2002/2497, 2013/389 and 2017/1015.
f2: S.I. 2002/1457.
f3: 1992 c. 4; section 70(2) was relevantly amended by S.I. 2013/388, 2013/796, 2021/1301, 2022/332, 2024/1048 and 2025/224.
f4: 1992 c. 4; section 70(1A) was inserted by S.I. 2002/1457.
f5: S.I. 1987/1968.
f6: 1998 c. 14; section 8 was relevantly amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), Schedule 7 paragraph 22 and Schedule 10, Part 1; Welfare Reform and Pensions Act 1999 (c. 30), Schedule 13, Part VI; Welfare Reform Act 2012 (c. 5), Schedule 9 paragraph 39(a), Schedule 14, Part 8.