Paragraph 4

(1)

For the purposes of regulation 6(6)(a), this paragraph is satisfied if any of the requirements specified in sub-paragraphs (2) to (4) are met.

(2)

A claimant is, or in the case of partners either partner is, or both partners are, entitled to an allowance under section 70 of the 1992 Act (F1carer’s allowance) F2or carer support payment.

(3)

F3Subject to sub-paragraph (5), where an additional amount has been awarded under regulation 6(6)(a) but

(a)

the person in respect of whose care the allowance F4or payment has been awarded dies; or

(b)

the person in respect of whom the additional amount was awarded ceases to be entitled or ceases to be treated as entitled to the allowance or payment,

this paragraph shall be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (4).

(4)

The relevant date for the purposes of F5sub-paragraph (3) is —

(a)

the Sunday following the death of the person in respect of whose care the allowance F6or payment has been awarded (or beginning with the date of death if the death occurred on a Sunday);

(b)

where sub-paragraph (a) does not apply, the date on which the person who has been entitled to the allowance or payment ceases to be entitled to that allowance F7or payment.

F8(5)

For the purposes of sub-paragraph (3)(a), where the relevant additional amount has been awarded as a result of the claimant or the claimant’s partner being entitled to carer support payment, and the death occurred on or after 15th March 2026, the reference to “8 weeks” is to be read as “12 weeks”.

Annotations

Textual amendments

F1: Words in Sch. I para. 4(2) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(8)(b)
F2: Words in Sch. I para. 4(2) inserted (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), 14(6)(b)(i)
F3: Words in Sch. I para. 4(3) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 17(4)(a)
F4: Words in Sch. I para. 4(3) inserted (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), 14(6)(b)(ii)
F5: Words in Sch. I para. 4(4) substituted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), reg. 1(1)(b), Sch. para. 8(b)
F6: Words in Sch. I para. 4(4) inserted (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), 14(6)(b)(iii)(aa)
F7: Words in Sch. I para. 4(4) inserted (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), 14(6)(b)(iii)(bb)
F8: Sch. I para. 4(5) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 17(4)(b)