The Carer’s Allowance Up-rating (Scotland) Order 2020

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order provides for an increase in the weekly rate of payment of carer’s allowance.

Article 3 makes clear that the weekly rate of child dependency increase remains unaltered. This gives effect to the requirement in section 150(2)(c) of the Social Security Administration Act 1992 (c.5) to re-state amounts that are not being increased. Child dependency increase is an additional payment payable to a recipient of carer’s allowance who is entitled to receive child benefit in relation to a child or children. It is payable only to those with transitional protection. Child dependency increase was abolished by section 1(3)(e) and schedule 6 of the Tax Credits Act 2002 (c.21) but saved for transitional cases by article 3 of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003 (S.I. 2003/938). Given that child benefit is payable, in certain circumstances, until a child reaches the age of 20, child dependency increase is potentially payable until 2023.

The transitional arrangement for payment of adult dependency increase came to an end for all cases on 5 April 2020(1). No business and regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.

(1)

See section 15(2) of the Welfare Reform Act 2009 (c.24). Adult dependency increase, provided for in paragraph 9 of the table in Part IV of schedule 4 of the Social Security Contributions and Benefits Act 1992, read with section 90, was an additional payment payable to a recipient of carer’s allowance where the person receiving carer’s allowance lived with a dependent who was an adult.