2019 No. 21

Social Security

The Carer’s Allowance Up-rating (Scotland) Regulations 2019
Made
29th January 2019
Laid before the Scottish Parliament
31st January 2019
Coming into force
8th April 2019
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 70(8), 90, 122(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 and all other powers enabling them to do so.
1992 c.4. The function of prescribing the circumstances in which a person is or is not to be treated as gainfully employed, for the purpose of section 70(1)(b) of the Social Security Contributions and Benefits Act 1992, transferred to the Scottish Ministers on the commencement of section 81 of the Social Security (Scotland) Act 2018 (asp 9), dealing with Carer’s Allowance Supplement. The same applies to exercising the power in section 175 of the Social Security Contributions and Benefits Act 1992 to make regulations setting out earnings limits in relation to entitlement to Child Dependency Increase. In both cases the transfer is in terms of regulation 4 of the Scotland Act 2016 (Transitional) Regulations 2017 (S.I. 2017/444), which causes section 53(1) and (2) of the Scotland Act 1998 (c.46 ) to have effect upon commencement of a provision which relies on the exception in relation to carer’s benefits in Section F1 of Part 2 of schedule 5 of the Scotland Act 1998. Section 81 was commenced on 3 September 2018 by article 3 of S.S.I. 2018/250. Accordingly, responsibility for the exercise of the functions exercisable by the Secretary of State for Work and Pensions in relation to Carer’s Allowance as provided for under section 70 of the Social Security Contributions and Benefits Act 1992 has transferred to the Scottish Ministers as regards provision of Carer’s Allowance to people residing in Scotland. The setting of relevant earnings limits falls within that responsibility. The requirement to consult the Social Security Advisory Committee is removed by section 33 of the Scotland Act 2016 (c.11). Section 90 of the Social Security Contributions and Benefits Act 1992 was relevantly amended by paragraph 26 of schedule 8 of the Welfare Reform and Pensions Act 1999 (c.30) and by article 2 of, and paragraphs 1 and 2 of the schedule of, S.I. 2002/1457. Section 90 was repealed by schedule 6 of the Tax Credits Act 2002 (c.21) in respect of Child Dependency Increase, subject to savings by article 3 of S.I. 2003/938. Section 90 was repealed for remaining purposes, namely in relation to Adult Dependency Increase, by Part 2 of schedule 7 of the Welfare Reform Act 2009 (c.24), subject to a saving by section 15(2)(b) of that Act. Section 122(1) is cited for the meaning assigned to the word “prescribed.” An amendment was made to section 175(1) which is not relevant to these Regulations.