The Carer’s Allowance Up-rating (Scotland) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend earnings limits used to determine entitlement to Carer’s Allowance and to additional payments payable to Carer’s Allowance recipients, so far as payment is the responsibility of the Scottish Ministers. This adjustment relates to the up-rating, by the Scottish Ministers, of the weekly rate of payment of Carer’s Allowance (see the Carer’s Allowance Up-rating (Scotland) Order 2019 (S.S.I. 2019/102)).

Regulation 2 of these Regulations amends regulation 8 of the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409) (“the 1976 Regulations”). It increases the amount which a person eligible for payment of Carer’s Allowance from the Scottish Ministers can earn in a given week without being deemed to be gainfully employed and, therefore, losing their entitlement to Carer’s Allowance. The Social Security Amendment (Carer’s Allowance) Regulations 2002 (S.I. 2002/2497) replace references to “Invalid Care Allowance” with references to “Carer’s Allowance” in certain legislative provisions, but “Invalid Care Allowance” remains part of the title of the 1976 Regulations for statutory purposes.

Regulation 3 of these Regulations amends schedule 2 of the Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343). The effect is to increase the amount which the partner of a person eligible for payment of Carer’s Allowance from the Scottish Ministers can earn in a given week without the person receiving Carer’s Allowance losing any entitlement to what is payable by way of an additional payment where a recipient is entitled to receive Child Benefit in relation to a child or children. This addition is known as Child Dependency Increase and 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).

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.