The Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020

Meaning of determination of entitlement to a carer’s allowance supplement

4.—(1) References in these Regulations to a determination of an individual’s entitlement to a carer’s allowance supplement for the purposes of section 81(2A)(1) of the 2018 Act are references to a determination made—

(a) by the Scottish Ministers—

(i) under regulation 5, or

(ii) (following a request for a re-determination) under paragraph 6 of schedule 2 of these Regulations,

(b) by the First-tier Tribunal for Scotland—

(i) under paragraph 12 of schedule 2 of these Regulations in an appeal against a determination made by the Scottish Ministers, or

(ii) (subsequent to such an appeal) under its Tribunals Act powers,

(c) by the Upper Tribunal for Scotland under its Tribunals Act powers (subsequent to an appeal against, or a review of, a decision of the First-tier Tribunal),

(d) by the Court of Session under its Tribunals Act powers (in an appeal against a decision of the Upper Tribunal), or

(e) by the Supreme Court of the United Kingdom—

(i) in an appeal under section 40 of the Court of Session Act 1988(2) against a decision of the Court of Session, or

(ii) on a reference made by the Court of Session under schedule 6 of the Scotland Act 1998.

(2) In this regulation—

“determination” means—

(a)

a decision about whether the individual meets the conditions in section 81(9), (11) or (13) of the 2018 Act,

(b)

if those conditions are satisfied, a decision about what assistance by way of carer’s allowance supplement the individual is entitled to be given,

(c)

a decision about whether the individual’s application for a carer’s allowance supplement is possibly premature,

“Tribunals Act powers” means the powers under Part 6 (review or appeal of decisions) of the Tribunals (Scotland) Act 2014(3).

(1)

Section 81(2A) is inserted by schedule 1 of these Regulations.

(2)

1988 c.36. Section 40 was substituted by section 117 of the Courts Reform (Scotland) Act 2014 (asp 8).

(3)

2014 asp 10.