2020 No. 116
Social Security

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

Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 150(9) and 189(1) and (4) of the Social Security Administration Act 19921 and all other powers enabling them to do so.
As required by section 150(1)(a)(i)2 of that Act, the Scottish Ministers have made a review and it appeared to the Scottish Ministers that the general level of prices was greater at the end of the period under review than it was at the beginning of the period.

In accordance with section 150(2) of that Act a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Carer’s Allowance Up-rating (Scotland) Order 2020 and comes into force on 6 April 2020.

(2)

In this Order “the 1992 Act” means the Social Security Contributions and Benefits Act 19923.

Rate of carer’s allowance and date on which change takes effect2.

(1)

In the third column of paragraph 44 of the table in Part III of schedule 4 of the 1992 Act (which specifies the weekly rate of carer’s allowance), for “£66.15” substitute “£67.25”.

(2)

The amendment made by paragraph (1) takes effect on 6 April 2020, subject to paragraph (3).

(3)

Where arrangements have been made by or on behalf of the Scottish Ministers for carer’s allowance to be paid on a Wednesday, the amendment takes effect on 8 April 2020.

Rate of increase for qualifying child3.

In the second column of paragraph 9 of the table in Part IV of schedule 4 of the 1992 Act (which specifies the weekly rate of increase for qualifying child), the weekly rate remains at £11.35.

SHIRLEY-ANNE SOMERVILLE
A member of the Scottish Government

St Andrew’s House,

Edinburgh

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 20205. No business and regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.