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.