The Carer’s Allowance Up-rating (Miscellaneous Amendments) (Scotland) Regulations 2020

Scottish Statutory Instruments

2020 No. 32

Social Security

The Carer’s Allowance Up-rating (Miscellaneous Amendments) (Scotland) Regulations 2020

Made

18th February 2020

Laid before the Scottish Parliament

19th February 2020

Coming into force

6th April 2020

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(1) and all other powers enabling them to do so.

(1)

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 (“the 1992 Act”), 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 the function in section 90 of the 1992 Act to make regulations setting out entitlement to child dependency increase, including earning limits. In both cases the transfer is in terms of regulation 4 of 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 regulation 2 of S.S.I. 2018/250. Accordingly, responsibility for the exercise of the functions exercisable by the Secretary of State in relation to carer’s allowance 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 in section 172 of the 1992 Act does not apply to the Scottish Ministers by virtue of section 33 of the Scotland Act 2016 (c.11). Section 90 of the 1992 Act was relevantly amended by paragraph 26 of schedule 8 of the Welfare Reform and Pensions Act 1999 (c.30) and by 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 Section 90 was repealed by schedule 6 of the Tax Credits Act 2002 (c.21) in respect of child dependency increase, subject to savings provision in article 3 of S.I. 2003/938. Section 90 of the 1992 Act was repealed for remaining purposes, namely in relation to adult dependency increase, by Part 2 of schedule 7 of the Welfare Reform Act 2009 (c.24), subject to saving by section 15(2)(b) of that Act. Section 122(1) of the 1992 Act 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.