The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023

This Order may be cited as the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023.

This Order comes into force on 19th November 2023.

Part 1 of this Order extends to England and Wales, Scotland and Northern Ireland.

Part 2 of this Order extends to England and Wales only.

Part 3 of this Order extends to England and Wales and Scotland.

Part 4 of this Order extends to Northern Ireland only.

Regulation 7 of the Social Security (Invalid Care Allowance) Regulations 1976 (manner of electing the person entitled to a carer's allowance in respect of a severely disabled person where, but for section 70(7) of the Contributions and Benefits Act, more than one person would be entitled to a carer's allowance in respect of that severely disabled person)^f1 is amended as follows.

For the heading of regulation 7, substitute “manner of electing the person entitled to a carer’s allowance in respect of a severely disabled person for the purposes of section 70 of the Contributions and Benefits Act”.

In paragraph (1), for “section 70(7)” substitute “section 70(7ZA)”.

After paragraph (1), insert—

“(1C)

For the purposes of section 70(7ZB) and (7ZC) of the Contributions and Benefits Act, which provides that where, apart from those subsections, one person (A) would have an entitlement mentioned in subsection (7ZB) and another person (B) would have a relevant entitlement for the same day in respect of the same severely disabled person, persons A and B may jointly elect in the prescribed manner that B shall have the relevant entitlement and that A shall not have an entitlement mentioned in subsection (7ZB), an election shall be made by giving the Secretary of State a notice in writing signed by both A and B specifying that B shall have the relevant entitlement and A shall not have an entitlement mentioned in subsection (7ZB).”.

In paragraph (2)—

After paragraph (3), insert—

“(5)

In paragraph (2), “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023^f2.”.

The manner of election specified in regulation 7(1C), as inserted by paragraph (4) above, is to be regarded as being “the prescribed manner” within the meaning of section 70(7ZC)(a) of the Social Security Contributions and Benefits Act 1992.

in the heading, after “carer’s allowance” insert “or carer support payment”;

in paragraph (1)—

after paragraph (2) insert—

“(3)

In this regulation “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979^f1 are amended as follows.

In regulation 4(1)(b) (days to be treated as days of increment)—

In regulation 17 (provisions relating to age addition for persons not in receipt of a retirement pension), after paragraph (1)(g) insert—

“(ga)

the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

The Income Support (General) Regulations 1987^f1 are amended as follows.

In regulation 2(1) (interpretation), after the definition of “care home” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In paragraph 4(b) of Schedule 1B (prescribed categories of person)—

In Schedule 2 (applicable amounts)—

In paragraph 6A(1) of Schedule 8 (sums to be disregarded in the calculation of earnings), after “carer’s allowance”, in the first place it occurs, insert “or carer support payment”.

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), after paragraph 86 insert—

“87

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Contributions and Benefits Act.”.

The Jobseeker’s Allowance Regulations 1996^f1 are amended as follows.

In regulation 1(3) (interpretation), after the definition of “care home” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023^f2;”.

In regulation 46(1)(a) and (d) (waiting days), for “or carer’s allowance” substitute “, carer’s allowance or carer support payment”.

In regulation 48 (linking periods)—

In regulation 51(3)(c)(iii) (remunerative work), after “a carer's allowance under section 70 of the Benefits Act” insert “or carer support payment”.

In regulation 150(2) (amount of a jobseeker’s allowance payable), after “carer’s allowance,” insert “carer support payment,”.

In regulation 153(c) (modification in the calculation of income), after “carer’s allowance,” insert “carer support payment,”.

In paragraph 3(b) of Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b)), after “carer’s allowance” insert “or carer support payment”.

In Schedule 1 (applicable amounts)—

In paragraph 7(1) of Schedule 6 (sums to be disregarded in calculation of earnings), after “carer’s allowance”, in the first place it occurs, insert “or carer support payment”.

In paragraph 2(1) of Schedule 6A (sums to be disregarded in calculation of earnings of members of joint-claim couples), after “carer’s allowance”, in the first place it occurs, insert “or carer support payment”.

In Schedule 7 (sums to be disregarded in the calculation of income other than earnings), after paragraph 82 insert—

“83

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Benefits Act.”.

in paragraph (2)(bc), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”;

after paragraph (2) insert—

“(2B)

For the purposes of paragraph (2) “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

The State Pension Credit Regulations 2002^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation) after the definition of “care home service” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In regulation 6(5)(b) (amount of the guarantee credit), after “receipt of an allowance under section 70 of the 1992 Act” insert “or carer support payment”.

In regulation 15 (income for the purposes of the Act), after paragraph (4)(f) insert—

“(g)

regulation 16(2) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

In regulation 18(1CA) (notional income), after “the Social Security (Overlapping Benefits) Regulations 1979” insert “or regulation 16(2) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023”.

In Schedule 1 (additional amounts)—

In paragraph 1(10)(d) of Schedule 3 (special groups), after “allowance under section 70 of the 1992 Act” insert “or carer support payment”.

In Schedule 4 (amounts to be disregarded in the calculation of income other than earnings), after paragraph 18 insert—

“19

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the 1992 Act.”.

The Housing Benefit Regulations 2006^f1 are amended as follows.

In regulation 2(1) (interpretation), after the definition of “care home” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

After regulation 75F(1)(h) (exception to the benefit cap: receipt of specified benefit) insert—

“(ha)

the claimant, the claimant's partner, or a young person for whom the claimant or the claimant's partner is responsible, is entitled to carer support payment;”.

In Schedule 3 (applicable amounts)—

In paragraph 5(1) of Schedule 4 (sums to be disregarded in the calculation of earnings), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”.

In Schedule 5 (sums to be disregarded in the calculation of income), after paragraph 73 insert—

“74

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.”.

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006^f1 are amended as follows.

In regulation 2 (interpretation), after the definition of “care home” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023^f2;”.

In regulation 29 (meaning of income), after paragraph (4)(f) insert—

“(g)

regulation 16(2) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

In Schedule 3 (applicable amounts)—

In Schedule 5 (amounts to be disregarded in the calculation of income other than earnings), after paragraph 24 insert—

“25

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.”.

The Employment and Support Allowance Regulations 2008^f1 are amended as follows.

In regulation 2(1) (interpretation), after the definition of “carer’s allowance” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In regulation 8(2)(a) (relaxation of the first contribution condition), after “carer’s allowance” insert “or carer support payment”.

In regulation 144(2)(a) (waiting days), after “carer’s allowance” insert “, carer support payment”.

In regulation 165(3) (entitlement for less than a week - amount of an employment and support allowance payable), after “carer’s allowance” insert “, carer support payment”.

In regulation 167(d) (modification in the calculation of income), after “carer’s allowance” insert “, carer support payment”.

In Schedule 4 (amounts)—

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), after paragraph 74 insert—

“75

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Contributions and Benefits Act.”.

The Social Security (Contributions Credits for Parents and Carers) Regulations 2010^f1 are amended as follows.

In regulation 7 (additional period in respect of entitlement to carer’s allowance and relevant benefits)—

In regulation 10(2)(b) (applications: carers for 20 or more hours per week), after “carer’s allowance” insert “or carer support payment”.

The Employment and Support Allowance (Work-Related Activity) Regulations 2011^f1 are amended as follows.

In regulation 2(1) (interpretation), after ““carer’s allowance”” insert “, “carer support payment””.

In regulation 3 (requirement to undertake work-related activity)—

at the end of sub-paragraph (h) omit “and”;

at the end of sub-paragraph (i) insert “and”;

after sub-paragraph (i) insert—

“(j)

carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

The Universal Credit Regulations 2013^f1 are amended as follows.

In regulation 2 (interpretation), after the definition of “carer element” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In regulation 29 (award to include the carer element)—

In regulation 30 (meaning of “regular and substantial caring responsibilities for a severely disabled person”)—

In regulation 66 (what is included in unearned income?), after paragraph (1)(b)(iii) insert—

“(iiia)

carer support payment but only up to a maximum of the amount a claimant would receive if they had an entitlement to carer’s allowance,”.

In regulation 83(1) (exceptions - entitlement or receipt of certain benefits), after sub-paragraph (i) insert—

“(ia)

a claimant, or a qualifying young person for whom a claimant is responsible, is entitled to carer support payment;”.

In regulation 89(1)(b) (claimants subject to no work-related requirements), after “carer’s allowance” insert “, or have entitlement to carer support payment,”.

After paragraph 16(2)(g) of Schedule 4 (no deduction for housing cost contributions in respect of certain non-dependants), insert—

“(ga)

a person in receipt of carer support payment;”.

The Jobseeker’s Allowance Regulations 2013^f1 are amended as follows.

In regulation 2(2) (general interpretation), after the definition of “benefit week” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023^f2;”.

In regulation 36(1) (waiting days), for “or carer’s allowance” substitute “, carer’s allowance or carer support payment”.

In regulation 39 (linking periods)—

In regulation 42(3)(c)(iii) (remunerative work), after “carer’s allowance under section 70 of the Benefits Act” insert “or carer support payment”.

The Employment and Support Allowance Regulations 2013^f1 are amended as follows.

In regulation 2 (interpretation), after the definition of “carer’s allowance” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In regulation 9(2)(a) (relaxation of the first contribution condition), after “carer’s allowance” insert “or carer support payment”.

In regulation 47 (claimants subject to no work-related requirements)—

In regulation 85(2)(a) (waiting days), after “carer’s allowance,” insert “carer support payment,”.

In regulation 100(b) (modification in the calculation of income), after “carer’s allowance” insert “, carer support payment”.

in sub-paragraph (2), after “a carer’s allowance” insert “or carer support payment”;

after sub-paragraph (2) insert—

“(3)

In paragraph (2) “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

The State Pension Regulations 2015^f1 are amended as follows.

In regulation 11 (days which are not included in determining the period of deferral), after paragraph (2)(a)(vi) insert—

“(via)

carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (“carer support payment”);”.

In regulation 28(4)(a)(i) (credits for spouses and civil partners of members of Her Majesty’s forces), after “carer’s allowance” insert “or carer support payment”.

In regulation 29(2)(b) (credits under the 1975 regulations), after “carer’s allowance” insert “or carer support payment”.

In regulation 33(4)(a)(i) (credits for spouses and civil partners of members of Her Majesty's forces), after “carer’s allowance” insert “or carer support payment”.

In regulation 38 (credits for an additional period in respect of entitlement to carer's allowance and relevant benefits)—

The Social Security (Credits) Regulations (Northern Ireland) 1975^f1 are amended as follows.

In regulation 7A (credits for carer’s allowance)—

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

For regulation 2(1) (interpretation), substitute—

“(1)

In these Regulations—

• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

For the heading to regulation 7, substitute “Manner of electing the person entitled to a carer’s allowance in respect of a severely disabled person for the purposes of section 70 of the Contributions and Benefits Act”.

In regulation 7—

In regulation 9 (conditions relating to residence and presence in Northern Ireland), after paragraph (1) insert—

“(1B)

A person who, by virtue of regulation 42(1) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, is to be treated as satisfying regulation 6(1)(a) of those Regulations (condition of being ordinarily resident in Scotland) for a period of 13 weeks is to be treated, for that period, as not satisfying the condition in paragraph (1)(a) of this regulation.”.

The manner of election specified in regulation 7(1A) (as inserted by paragraph (4)(b) above) is to be regarded as being the “prescribed manner” within the meaning of section 70(7ZC) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

The Social Security (Widow's Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979^f1 are amended as follows.

In regulation 4(1)(b) (days to be treated as days of increment)—

The Income Support (General) Regulations (Northern Ireland) 1987^f1 are amended as follows.

In regulation 2(1) (interpretation), after the definition of “board and lodging accommodation” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In paragraph 4(b) of Schedule 1B (prescribed categories of person)—

In Schedule 2 (applicable amounts)—

In paragraph 6A(1) of Schedule 8 (sums to be disregarded in the calculation of earnings), after “carer’s allowance”, in the first place it occurs, insert “or carer support payment”.

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), after paragraph 77 add—

“78

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Contributions and Benefits Act.”.

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987^f1 are amended as follows.

In regulation (2)(1) (interpretation), after the definition of “budgeting loan” insert—

• ““carer support payment” means carer's assistance given in accordance with the Carer's Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In regulation 3A(6) (notification that claim not required for entitlement to a category a or b retirement pension) in the definition “non-exempt benefit”, after sub-paragraph (a) insert—

“(aa)

carer support payment;”.

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996^f1 are amended as follows.

In regulation 1(2) (citation, commencement, interpretation and application), after the definition of “board and lodging accommodation” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In regulation 46(1)(a) and (d) (waiting days) for “or carer’s allowance” substitute “, carer’s allowance or carer support payment”.

In regulation 48 (linking periods)—

In regulation 51(3)(c)(iii) (remunerative work), after “a carer’s allowance under section 70 of the Benefits Act” insert “or carer support payment”.

In regulation 150(2) (amount of a jobseeker’s allowance payable), after “carer’s allowance,” insert “carer support payment,”.

In regulation 153(c) (modification in the calculation of income) after “carer’s allowance,” insert “carer support payment,”.

In paragraph 3(b) of Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order), after “carer’s allowance” insert “or carer support payment”.

In Schedule 1 (applicable amounts)—

In paragraph 7(1) of Schedule 5 (sums to be disregarded in the calculation of earnings), after “carer’s allowance”, in the first place it occurs, insert “or carer support payment”.

In paragraph 2(1) of Schedule 5A (sums to be disregarded in calculation of earnings of members of joint-claim couples), after “carer’s allowance”, in the first place it occurs, insert “or carer support payment”.

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings), after paragraph 73 add—

“74

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Benefits Act.”.

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999^f1 are amended as follows.

In regulation 1(2) (citation, commencement, application and interpretation), after the definition of “bereavement benefit” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In regulation 7(2)(bc), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”.

The State Pension Credit Regulations (Northern Ireland) 2003^f1 are amended as follows.

In regulation 1(2) (citation, commencement and interpretation), after the definition of “board and lodging accommodation” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In regulation 6(5)(b) (amount of the guarantee credit), after “receipt of an allowance under section 70 of the Contributions and Benefits Act (carer’s allowance)” insert “or carer support payment”.

In regulation 15 (income for the purposes of the Act), after paragraph (4)(f) insert—

“(g)

regulation 16(2) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

In regulation 18(1CA) (notional income), after “1979” insert “or regulation 16(2) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023”.

In Schedule 1 (circumstances in which persons are treated as being or not being severely disabled)—

In paragraph 1(10)(d) of Schedule 3 (special groups), after “allowance under section 70 of the Contributions and Benefits Act” insert “or carer support payment”.

In Schedule 4 (amounts to be disregarded in the calculation of income other than earnings), after paragraph 18 add—

“19

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Contributions and Benefits Act.”.

The Housing Benefit Regulations (Northern Ireland) 2006^f1 are amended as follows.

In regulation 2(1) (interpretation), after the definition of “broad rental market determination” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In regulation 73F(1) (exception to the benefit cap: receipt of specified benefit), after sub-paragraph (ha) insert—

“(hb)

the claimant, the claimant’s partner, or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a carer support payment;”.

In Schedule 4 (applicable amounts)—

In paragraph 5(1) of Schedule 5 (sums to be disregarded in the calculation of earnings), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”.

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings), after paragraph 70 insert—

“71

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.”.

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006^f1 are amended as follows.

In regulation 2 (interpretation), after the definition of “broad rental market area determination” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In regulation 27 (meaning of “income”), after paragraph (4)(f) insert—

“(g)

regulation 16(2) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

In Schedule 4 (applicable amounts)—

In Schedule 6 (amounts to be disregarded in the calculation of income other than earnings), after paragraph 25 insert—

“26

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.”.

The Employment and Support Allowance Regulations (Northern Ireland) 2008^f1 are amended as follows.

In regulation 2(1) (interpretation), after the definition of “carer’s allowance” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In regulation 8(2)(a) (relaxation of the first contribution condition), after “carer’s allowance” insert “or carer support payment”.

In regulation 144(2)(a) (waiting days), after “carer’s allowance” insert “, carer support payment”.

In regulation 165(3) (entitlement for less than a week – amount of an employment and support allowance payable), after “carer’s allowance” insert “, carer support payment”.

In regulation 167(d) (modification in the calculation of income), after “carer’s allowance” insert “, carer support payment”.

In Schedule 4 (amounts)—

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), after paragraph 68 insert—

“69

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Contributions and Benefits Act.”.

The Social Security (Contributions Credits for Parents and Carers) Regulations (Northern Ireland) 2010^f1 are amended as follows.

In regulation 7 (additional period in respect of entitlement to carer’s allowance and relevant benefits)—

In regulation 10(2) (applications: carers for 20 or more hours per week), after “carer’s allowance” insert “or carer support payment”.

The Employment and Support Allowance (Work-related Activity) Regulations (Northern Ireland) 2011^f1 are amended as follows.

In regulation 2(1) (interpretation), after “carer’s allowance” insert “, carer support payment”.

In regulation 3 (requirement to undertake work-related activity)—

at the end of sub-paragraph (h) omit “and”;

at the end of sub-paragraph (i) insert “and”;

after sub-paragraph (i) insert—

“(j)

carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

The Employment and Support Allowance Regulations (Northern Ireland) 2016^f1 are amended as follows.

In regulation 2 (interpretation), after the definition of “carer’s allowance” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023^f2;”.

In regulation 9(2)(a) (relaxation of the first contribution condition), after “carer’s allowance” insert “or have entitlement to carer support payment”.

In regulation 47 (claimants subject to no work-related requirements)—

In regulation 85(2)(a) (waiting days), after “carer’s allowance,” insert “carer support payment,”.

In regulation 100(b) (modification in the calculation of income), after “carer’s allowance” insert “, carer support payment”.

The Jobseeker’s Allowance Regulations (Northern Ireland) 2016^f1 are amended as follows.

In regulation 2(2) (general interpretation), after the definition of “benefit week” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

In regulation 35(1) (waiting days), for “or carer’s allowance” substitute “, carer’s allowance or carer support payment”.

In regulation 38 (linking periods)—

In regulation 41(3)(c)(iii) (remunerative work), after “carer’s allowance under section 70 of the Benefits Act” insert “or carer support payment”.

The Universal Credit Regulations (Northern Ireland) 2016^f1 are amended as follows.

In regulation 2(1) (interpretation) after the definition of “carer element” insert—

• ““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

In regulation 30(1) (award to include the carer element)—

In regulation 31 (meaning of “regular and substantial caring responsibilities for a severely disabled person”)—

In regulation 66 (what is included in unearned income?) after paragraph (1)(b)(iii) insert—

“(iiia)

carer support payment but only up to a maximum of the amount a claimant would receive if they had an entitlement to carer’s allowance,”.

In regulation 83(1) (exceptions - entitlement or receipt of certain benefits) after sub-paragraph (j) insert—

“(ja)

a claimant, or a qualifying young person for whom a claimant is responsible, is entitled to carer support payment;”.

In regulation 88(1)(b) (claimants subject to no work-related requirements) after “carer’s allowance” insert “or carer support payment”.

After paragraph 15(2)(g) of Schedule 4 (no deduction for housing cost contributions in respect of certain non-dependants) insert—

“(ga)

in receipt of carer support payment;”.

in sub-paragraph (2), after “a carer’s allowance” insert “or carer support payment”;

after sub-paragraph (2) insert—

“(3)

In sub-paragraph (2) “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.