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

PART 4 Further provision about determining entitlement

Obtaining information to make a determination

16.—(1) When the Scottish Ministers are determining an individual’s entitlement to a carer’s allowance supplement for the purposes of section 81(2A) of the 2018 Act—

(a) they may require further information in order to satisfy themselves about any matter material to the making of the determination, and

(b) they may request that the individual provide them with the information within such period as they specify.

(2) If the individual fails to provide the requested information by the end of the specified period, the Scottish Ministers may, without further consideration, proceed to make the determination on the basis that the individual does not satisfy the conditions in section 81(9) or (as the case may be) section 81(11) or (13) of the 2018 Act.

Duty to inform about possible eligibility

17.—(1) Paragraph (2) applies if, in the course of their making a determination of an individual’s entitlement to a carer’s allowance supplement under regulation 5, it appears to the Scottish Ministers that the individual may be entitled to a type of assistance described in Chapter 2 of Part 2 of the 2018 Act or to assistance provided for by regulations made under section 79 of that Act.

(2) The Scottish Ministers must—

(a) inform the individual that the individual may be eligible for the assistance, and

(b) either—

(i) provide the individual with information about how to apply for it, or

(ii) if regulations made under section 52 or 79 of the 2018 Act so allow, ask the individual whether they should proceed with making a determination of the individual’s entitlement to the assistance without receiving an application.

(3) Paragraph (2)(b)(ii) does not preclude the Scottish Ministers from requesting further information under paragraph 16 for the purpose of determining the individual’s entitlement to the assistance described in paragraph (1).

Appointment of a person to act on behalf of an individual

18.  Section 58 or (as the case may be) section 85B(1) of the 2018 Act applies in respect of the determination of an individual’s entitlement to a carer’s allowance supplement under regulation 5 as it does to a determination of entitlement to assistance under Part 2 or 3 of the 2018 Act.

(1)

Section 85B is to be inserted by section 2(4) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18) (“the 2020 Act”). Section 58 of the Social Security (Scotland) Act 2018 is prospectively repealed by section 2(2) of the 2020 Act.