The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023

PART 3 Consequential amendments

Amendment of the 2018 Act

9.—(1) Section 81 of the 2018 Act is amended in accordance with sub-paragraphs (2) to (5).

(2) In subsection (2), for paragraph (a) substitute—

“(a) in receipt of—

(i) a carer’s allowance under section 70 of the Social Security Contributions and Benefits Act 1992(1), or

(ii) carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (S.S.I. 2023/XXX), and”.

(3) In subsection (9), for paragraph (a) substitute—

“(a) in receipt of—

(i) a carer’s allowance under section 70 of the Social Security Contributions and Benefits Act 1992, or

(ii) carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (S.S.I. 2023/XXX),”.

(4) In subsection (11), for paragraph (a) substitute—

“(a) in receipt of—

(i) a carer’s allowance under section 70 of the Social Security Contributions and Benefits Act 1992, or

(ii) carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (S.S.I. 2023/XXX),”.

(5) In subsection (13), for paragraph (a) substitute—

“(a) in receipt of—

(i) a carer’s allowance under section 70 of the Social Security Contributions and Benefits Act 1992, or

(ii) carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (S.S.I. 2023/XXX),”.

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

10.—(1) The Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020(2) are amended in accordance with sub-paragraph (2).

(2) In regulation 7(b), for paragraph (i) substitute—

“(i) the Scottish Ministers establish that the individual has received an award of—

(aa) carer’s allowance under section 70 of the Social Security Contributions and Benefits Act 1992(3),

(bb) carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (S.S.I. 2023/XXX),”.

Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019

11.—(1) The Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019(4) are amended in accordance with sub-paragraph (2).

(2) In regulation 7(1) (further eligibility conditions)—

(a) after “young carer grant if,”, insert “at any point in the qualifying period or”, and

(b) omit “in respect of any of the persons being cared for”.

(1)

1992 c. 4.

(2)

S.S.I. 2020/475.

(3)

Section 70 was relevantly amended by S.I. 2002/1457.

(4)

S.S.I. 2019/324, amended by S.S.I. 2020/99 and S.S.I. 2020/475.