Social Security (Scotland) Act 2018

PART 1 ELIGIBILITY

CHAPTER 1 ELIGIBILITY 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 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.