PART 4ELEMENTS OF AN AWARD
Particular needs or circumstances - carers
Meaning of “regular and substantial caring responsibilities for a severely disabled person”31
F21
For the purposes of Part 2 of the Order and these Regulations, a person has regular and substantial caring responsibilities if—
a
they satisfy the conditions for entitlement to a carer’s allowance or would do so but for the fact that—
i
their earnings have exceeded the limit prescribed for the purposes of that allowance; or
ii
they are—
aa
resident, or treated as resident, in Scotland; or
bb
resident outside of Northern Ireland and have a genuine and sufficient link to Scotland; or
b
they are entitled to carer support payment.
2
F3paragraph (1)(a) applies whether or not the person has made a claim for a carer's allowance.
3
A person does not have regular and substantial caring responsibilities for a severely disabled person if the person derives earned income from those caring responsibilities.
F14
For the purposes of paragraph (1), “sufficient” has the meaning given in paragraph 3 of Schedule 1 to the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.