Social Security (Scotland) Act 2018 (asp 9)

SCHEDULE 2 CARER’S ASSISTANCE REGULATIONS

PART 1 ELIGIBILITY

CHAPTER 2 FURTHER CRITERIA

Carer’s other activities

3 The 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

4 The 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

5 The 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

6 The 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

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

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

8 The 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

9 The 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.