31.—[F1(1) 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) [F2paragraph (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.
[F3(4) 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.]
Textual Amendments
F1Reg. 31(1) substituted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 51(4)(a)
F2Words in reg. 31(2) substituted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 51(4)(b)