SCHEDULE 2CARER'S ASSISTANCE REGULATIONS
PART 2ASSISTANCE TO BE GIVEN
F1Power to set value of assistance as nil
F111A
1
Provision may be made in the regulations for the value of the carer's assistance that is to be given to an individual in respect of a period to be £0, but—
a
such provision must be framed so as to apply by reference to at least one of the following matters—
i
the individual being resident and present in a particular place during the period,
ii
the individual being in receipt of another type of assistance (whether under this Act or another enactment) during the period, and
b
the Scottish Ministers may only make such provision where they consider that it would be in the interests of the individuals to whom it applies to be entitled to carer's assistance with a value of £0 in respect of a period rather than not being entitled to carer's assistance at all.
2
Nothing in sub-paragraph (1)(a) is to be taken to preclude provision being framed so as to apply by reference to further matters in addition to those mentioned there.
Sch. 2 para. 11A inserted (26.7.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 13(2)(a), 18(2)(3); S.S.I. 2021/232, reg. 2(g)