The Carer's Allowance (Coronavirus) (Breaks in Care) (Scotland) Regulations 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 70(8) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 M1 and all other powers enabling them to do so.
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Carer's Allowance (Coronavirus) (Breaks in Care) (Scotland) Regulations 2020 and come into force on 3 April 2020.
(2)
In these Regulations—
“carer's allowance” means the allowance paid under section 70 of the Social Security Contributions and Benefits Act 1992 (invalid care allowance) M2,
“” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),
“isolation” in relation to a person means separation of that person from any other person in such manner as to prevent infection or contamination with coronavirus, and
“severely disabled person” has the meaning given in section 70(2) of the Social Security Contributions and Benefits Act 1992 M3.
Entitlement to carer's allowance while unable to care as a result of coronavirus2.
(1)
This regulation applies where a person in receipt of carer's allowance (“A”) is temporarily unable to care for the severely disabled person (“B”) in respect of whom the carer's allowance is paid by reason of isolation due to, or infection with, coronavirus of either A or B.
(2)
Regulation 4(2) of the Social Security (Invalid Care Allowance) Regulations 1976 (circumstances in which persons are or are not to be treated as engaged or regularly and substantially engaged in caring for severely disabled persons) M4 is to be read as if the words from “and” at the end of sub-paragraph (a) to the end of sub-paragraph (b) were omitted.
Expiry3.
F3Continued disregard of breaks in care related to coronavirus4.
(1)
This regulation applies where a person who is in receipt of carer’s allowance (“A”) on or after F41 September 2021 temporarily ceases to care for the severely disabled person (“B”) in respect of whom the carer’s allowance is paid.
(2)
For the purposes of regulation 4(2)(b) of the Social Security (Invalid Care Allowance) Regulations 1976, there is to be disregarded any week in which A did not meet the requirements of regulation 4(1) of those Regulations in respect of care for B where—
(a)
the break in A’s care for B occurred between 3 April 2020 and F41 September 2021, and
(b)
the break in care arose because of isolation due to, or infection with, coronavirus of either A or B.
St Andrew's House,
Edinburgh
(This note is not part of the Regulations)
These Regulations make a temporary adjustment to entitlement to carer's allowance. The effect of regulation 2 is to allow carers to retain their entitlement to carer's allowance if they have a temporary break in caring as a result of isolation due to, or infection or contamination with, coronavirus of either the carer or the person cared for. The normal requirement to have provided care over a certain number of weeks in order to continue to qualify for carer's allowance during a break in care will not apply. Regulation 3 provides that regulation 2 will cease to have effect 8 months after that regulation comes into force.