Search Legislation

Social Security (Scotland) Act 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Status:

This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.

SCHEDULE 2CARER’S ASSISTANCE REGULATIONS

(introduced by section 28)

PART 1ELIGIBILITY

CHAPTER 1ELIGIBILITY IS TO DEPEND ON BEING OR HAVING BEEN A CARER

1(1)The regulations must be framed so that (subject to any provision of the kind described in paragraph 2) an individual’s eligibility in respect of a given period depends on the individual having provided regular and substantial care during that period to another individual to whom a disability benefit is normally payable.

(2)The regulations—

(a)are to set out the circumstances in which an individual is to be regarded as having provided regular and substantial care to another individual during a period, and

(b)may, in particular, do so by reference to whether or not the number of hours of care provided during the period exceeds (or is deemed to exceed) a threshold specified in the regulations.

(3)In sub-paragraph (1), “disability benefit” has the meaning given in the interpretation provision in Section F1 of Part 2 of schedule 5 of the Scotland Act 1998.

2(1)The regulations may be framed so that, despite the criterion described in paragraph 1(1) not being fulfilled in relation to a given period, an individual may nevertheless be eligible in respect of that period.

(2)Where the regulations allow an individual to be eligible in respect of a period in relation to which the criterion described in paragraph 1(1) is not fulfilled, they must be framed so that the individual’s eligibility depends on the individual—

(a)having at some time provided care to another individual who has a disability, and

(b)as a result of doing so, having received—

(i)carer’s assistance,

(ii)carer’s allowance, or

(iii)invalid care allowance.

(3)In sub-paragraph (2)(b), “carer’s allowance” and “invalid care allowance” both mean an allowance payable under section 70 of the Social Security Contributions and Benefits Act 1992.

CHAPTER 2FURTHER CRITERIA

Carer’s other activities

3The regulations may make an individual’s eligibility depend on—

(a)whether or not the individual is in—

(i)employment, or

(ii)education,

(b)the length of time the individual spends over a given period in—

(i)employment, or

(ii)education.

Multiple carers

4The regulations may make an individual’s eligibility depend on being the individual (or one of the individuals) selected through a process set out in the regulations in a case where more than one individual would otherwise be eligible as a result of providing care to the same cared-for person during a given period.

Residence and presence

5The regulations may make an individual’s eligibility depend on either or both—

(a)the individual, and

(b)the cared-for person,

being resident and present in a particular place.

Age

6The regulations may make an individual’s eligibility depend on the age of either or both—

(a)the individual, and

(b)the cared-for person.

Financial circumstances

7The regulations may make an individual’s eligibility depend on the individual’s financial circumstances.

Receipt of, or eligibility for, other types of State assistance

8The regulations may make an individual’s eligibility depend on the individual—

(a)being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

(b)being, or not being, eligible or entitled to receive such assistance.

Application within specified period

9The regulations may provide that an individual ceases to be eligible in respect of a given period unless, by a deadline specified in the regulations—

(a)the individual has applied for carer’s assistance in respect of the period, or

(b)the Scottish Ministers have become required to make a determination of the individual’s entitlement to carer’s assistance in respect of the period by regulations under section 52.

PART 2ASSISTANCE TO BE GIVEN

Meeting liabilities

10The regulations may provide for the carer’s assistance that is to be given to an individual to be given (in whole or in part) by way of—

(a)payment to another person in order to meet, or contribute towards meeting, any liability the individual has to that person,

(b)deduction from any liability the individual has to the Scottish Ministers under section 63.

Restriction on giving assistance in a form other than money

11(1)The regulations may allow carer’s assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual’s behalf) has agreed to the assistance being given in that form.

(2)If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual’s behalf) to withdraw agreement to being given carer’s assistance in a form other than money at any time.

(3)Despite sub-paragraph (1), the regulations may provide for carer’s assistance to be given (in whole or in part) by way of deduction, at a reasonable level, from any liability the individual has to the Scottish Ministers under section 63 if the individual has unreasonably refused to agree to the assistance being given in that form.

(4)For the purpose of sub-paragraph (3), “reasonable level” means a level that is reasonable having regard to the financial circumstances of the individual.

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

12Nothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—

(a)Chapter 1 of Part 1,

(b)paragraph 11 in Part 2.

Interpretation

13In this schedule—

  • “cared-for person” means the individual by providing care to whom the individual whose eligibility is in question has fulfilled the criterion described in paragraph 1(1) or 2(2),

  • “eligibility” means eligibility for carer’s assistance and “eligible” means eligible for carer’s assistance,

  • “the regulations” means regulations under section 28(2).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources