Regulation 30 Meaning of “regular and substantial caring responsibilities for a severely disabled person”

F1(1)

For the purposes of Part 1 of the Act and these Regulations, a person has regular and substantial caring responsibilities for a severely disabled person if—

(a)

they satisfy the conditions for entitlement to a carer’s allowance or would do so but for the fact that—

(i)

their earnings have exceeded the limit prescribed for the purposes of that allowance; or

(ii)

they are—

(aa)

resident, or treated as resident, in Scotland; or

(bb)

resident outside of Great Britain and have a genuine and sufficient link to Scotland; or

(b)

they are entitled to carer support payment.

(2)

F2Paragraph (1)(a) applies whether or not the person has made a claim for a carer's allowance.

(3)

But a person does not have regular and substantial caring responsibilities for a severely disabled person if the person derives earned income from those caring responsibilities.

F3(4)

For the purposes of paragraph (1), “sufficient” has the meaning given in paragraph 3 of Schedule 1 to the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

Annotations

Textual amendments

F1: Reg. 30(1) substituted (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), 23(4)(a)
F2: Words in reg. 30(2) substituted (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), 23(4)(b)
F3: Reg. 30(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), 23(4)(c)