The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023

law://uk/ssi/2023/258@2026-11-13

Contents

1Citation and commencement#

These Regulations may be cited as the Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 and come into force on 19 November 2023.

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

(1)The Social Security (Invalid Care Allowance) Regulations 1976 are amended in accordance with paragraph (2).

(2)In regulation 7 of the Social Security (Invalid Care Allowance) Regulations 1976 (manner of electing the person entitled to a carer’s allowance)—

(a)for the heading, substitute “manner of electing the person entitled to carer’s allowance in respect of a severely disabled person where more than one person would be entitled”,

(b)in paragraph (1), for “section 37(7) of the Act” substitute “section 70(7ZA) of the Contributions and Benefits Act”,

(c)after paragraph (1), insert—“1A For the purposes of section 70(7ZC) of the Contributions and Benefits Act which provides that where, apart from that section, one person (A) would have an entitlement mentioned in subsection (7ZB) and another person (B) would have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person, A and B may jointly elect in the prescribed manner which of them shall have such entitlement, an election shall be made by giving the Scottish Ministers a notice in writing signed by both A and B specifying that B shall have entitlement to carer’s allowance and A shall not have an entitlement mentioned in subsection (7ZB).1B For the purposes of section 70(7ZE) of the Contributions and Benefits Act which provides that where, apart from that section, one person (A) has, or would have an entitlement to universal credit carer element and another person (B) would have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person, A and B may jointly elect in the prescribed manner which of them shall have such entitlement, an election shall be made by giving the Scottish Ministers a notice in writing signed by both A and B specifying that B shall have an entitlement to carer’s allowance and A shall not have entitlement to universal credit carer element.”

(d)in paragraph (2)—

(i)for “paragraph (1)” substitute “paragraphs (1), (1A) or (1B)”,

(ii)after “a carer’s allowance” insert “, carer support payment”,

(e)after paragraph (3), insert—“4 In paragraph (2), “carer support payment” means a payment made under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”

3Amendment of the National Assistance (Assessment of Resources) Regulations 1992#

(1)The National Assistance (Assessment of Resources) Regulations 1992 are amended in accordance with paragraphs (2) and (3).

(2)In regulation 2 (interpretation), after the definition of “attendance allowance” insert—“• “Carer Support Payment” means carer’s assistance payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,”

(3)In paragraph 3(2)(a) of schedule 2 (sums to be disregarded in the calculation of earnings), after “carer’s allowance”, insert “or Carer Support Payment”.

4Amendment of the Advice and Assistance (Scotland) Regulations 1996#

(1)The Advice and Assistance (Scotland) Regulations 1996 are amended in accordance with paragraphs (2) to (4).

(2)In regulation 2(1) (interpretation) after the definition of “auditor” insert—“• “carer support payment” means carer’s assistance payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,”

(3)In regulation 16 (payment of fees and outlays from property recovered or preserved) after paragraph (2)(cc) insert—“cd to carer support payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,”

(4)In schedule 2 (assessment of disposable capital and disposable income) after paragraph 5(d)(azd) insert—“aze carer support payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,”

5Amendment of the Individual Learning Account (Scotland) Regulations 2011#

(1)The Individual Learning Account (Scotland) Regulations 2011 are amended in accordance with paragraph (2).

(2)In regulation 3 (qualifying persons (training account holders)) after paragraph (6)(b)(iii) insert —“iiia carer support payment payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,”

6Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012#

(1)The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 are amended in accordance with paragraphs (2) to (4).

(2)In regulation 2 (interpretation) after the definition of “care home” insert—“• “carer support payment” means carer’s assistance payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,”

(3)In schedule 1, part 3 (disability premiums)—

(a)in paragraph 6(1)—

(i)at the end of head (a) omit “and”,

(ii)after head (a), insert—“ab in the case of carer support payment, any period during which, but for regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, the person would be in receipt of carer support payment, and”

(b)in paragraph 6(2), after “sub-paragraph (1)(a)” insert “or carer support payment by virtue of sub-paragraph (1)(ab)”,

(c)in paragraph 7(2)(a)(iii), after “section 70 of the 1992 Act,” insert “carer support payment,”,

(d)in paragraph 7(2)(b), after “carer’s allowance,”, in both places where it appears, insert “carer support payment”,

(e)in paragraph 7(7)(b), after “carer’s allowance”, in both places where it appears, insert “, carer support payment”,

(f)in paragraph 7(8)—

(i)in head (a) after “carer’s allowance,” insert “carer support payment”,

(ii)in head (b)—

(aa)after “carer’s allowance” insert “, carer support payment”, and

(bb)after “in receipt of that allowance”, insert “, payment”,

(g)in paragraph 10—

(i)in sub-paragraph (1) after “carer’s allowance” insert “or carer support payment”,

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

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

(iv)in sub-paragraph (3)(a) after “carer’s allowance” insert “or carer support payment”,

(v)in sub-paragraph (3)(b) after “carer’s allowance” insert “or carer support payment”,

(vi)in sub-paragraph (4) after “carer’s allowance” insert “or carer support payment”.

(4)In schedule 1, part 4 (amount of disability premium)—

(a)in paragraph 13—

(i)in sub-paragraph (1)(b)(i) after “carer’s allowance,” insert “carer support payment”,

(ii)in sub-paragraph (1)(b)(ii) after “carer’s allowance” insert “, carer support payment”.

7Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019#

(1)The Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 are amended in accordance with paragraph (2).

(2)In regulation 6(3)(a) (conditions relating to the person or persons being care for) for “carer’s assistance, payable under section 28 of the Social Security (Scotland) Act 2018”, substitute, “Carer Support Payment payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023”.

8Amendment of the Council Tax Reduction (Scotland) Regulations 2021#

(1)The Council Tax Reduction (Scotland) Regulations 2021 are amended in accordance with paragraphs (2) to (5).

(2)In regulation 4 (interpretation) after the definition of “blind” insert—“• “carer support payment” means carer’s assistance payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,”

(3)In regulation 57 (meaning of “unearned income”) after paragraph (1)(b)(iv) insert—“iva carer support payment,”

(4)In schedule 1 (applicable amount)

(a)in paragraph 5—

(i)in sub-paragraph (4)(b) after “carer’s allowance” insert “or carer support payment”,

(ii)in sub-paragraph (4)(c)—

(aa)after “carer’s allowance” insert “or carer support payment”,

(bb)after “Social Security (Overlapping Benefits) Regulations 1979” insert “or, as the case may be, regulation 16 of the Carer’s Allowance (Carer Support Payment) (Scotland) Regulations 2023”,

(iii)in sub-paragraph (6)(a) after “carer’s allowance” insert “or carer support payment”,

(iv)in sub-paragraph (6)(b) after “carer’s allowance” insert “or carer support payment,”

(v)in sub-paragraph (7)(a) after “carer’s allowance”, in both places where it appears, insert “or carer support payment”,

(vi)in sub-paragraph (7)(b) after “carer’s allowance” insert “or carer support payment”,

(b)in paragraph 6—

(i)in sub-paragraph (1)(a) after “carer’s allowance” insert “or carer support payment”,

(ii)in sub-paragraph (1)(b)—

(aa)after “carer’s allowance” insert “, or carer support payment”,

(iii)in sub-paragraph (4)—

(aa)after “carer’s allowance” insert “or carer support payment”, and

(bb)after “whose care the allowance” insert “or payment”,

(c)in paragraph 13—

(i)in sub-paragraph (2)(a)(iii) after “section 70 of the 1992 Act” insert “, carer support payment payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,”,

(ii)in sub-paragraph (2)(b) after “carer’s allowance,”, in both places where it appears, insert “, carer support payment”,

(iii)in sub-paragraph (5)(b) after “carer’s allowance”, in both places where it appears, insert “, carer support payment”,

(iv)in sub-paragraph (6) after “carer’s allowance,” insert “carer support payment,”,

(v)in sub-paragraph (7)—

(aa)after “carer’s allowance” insert “, carer support payment”, and

(bb)after “in receipt of that allowance” insert “, payment”,

(d)in paragraph 17 after “carer’s allowance,”, in both places where it appears, insert “carer support payment,”.

(5)In schedule 3 (sums to be disregarded in the calculation of earnings) in paragraph 6(1)(a) after “carer’s allowance” in both places where it appears, insert “, or carer support payment”.

9Transitional provision – extinguishment of right to apply for Carer’s Allowance#

(1)No person may claim carer’s allowance under section 70 of the Social Security Contributions and Benefits Act 1992 who—

(a)during the initial period for applications for carer support payment—

(i)in phase 1 is resident in the local authority area of Perthshire and Kinross, City of Dundee or Western Isles,

(ii)in phase 2 is resident in the local authority area of Perthshire and Kinross, City of Dundee, Western Isles, Angus, North Lanarkshire or South Lanarkshire,

(iii)in phase 3 is resident in the local authority area of Perthshire and Kinross, City of Dundee, Western Isles, Angus, North Lanarkshire, South Lanarkshire, Fife, City of Aberdeen, Aberdeenshire, Moray, North Ayrshire, East Ayrshire or South Ayrshire, or

(b)after the expiry of the initial period for applications—

(i)is resident in Scotland, or

(ii)is a person to whom regulation 6(3) (residence and presence conditions), regulation 8 (serving members of His Majesty’s forces, civil servants and their family members) or regulation 11 (persons residing outside the United Kingdom to whom a relevant EU regulation applies) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 applies.

(2)In this regulation—• “carer support payment” means carer’s assistance payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,• “carer’s allowance” means assistance payable under the Social Security Contributions and Benefits Act 1992, and• “initial period for applications” means the period referred to in regulation 46 (transitory provision – initial period for applications) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, beginning with 19 November 2023 and ending with 3 November 2024, and references to phases of that period are to be construed in accordance with regulation 46(3) of those Regulations.

Contains public sector information licensed under the Open Government Licence v3.0.

The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023

The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023

1Citation and commencement#

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

3Amendment of the National Assistance (Assessment of Resources) Regulations 1992#

4Amendment of the Advice and Assistance (Scotland) Regulations 1996#

5Amendment of the Individual Learning Account (Scotland) Regulations 2011#

6Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012#

7Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019#

8Amendment of the Council Tax Reduction (Scotland) Regulations 2021#

9Transitional provision – extinguishment of right to apply for Carer’s Allowance#

Connections

Defined terms · 2

History · 2 versions

Key facts

1Citation and commencement#

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

3Amendment of the National Assistance (Assessment of Resources) Regulations 1992#

4Amendment of the Advice and Assistance (Scotland) Regulations 1996#

5Amendment of the Individual Learning Account (Scotland) Regulations 2011#

6Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012#

7Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019#

8Amendment of the Council Tax Reduction (Scotland) Regulations 2021#

9Transitional provision – extinguishment of right to apply for Carer’s Allowance#