SCHEDULE 1Applicable amount

PART 3Carer Premium

6.

(1)

For the purposes of regulation 35(d) and Part 3 of this schedule, a person has regular and substantial caring responsibilities for a severely disabled person if—

(a)

they are in receipt of a carer’s allowance F1or carer support payment,

(b)

they would be in receipt of a carer’s allowance F2, or carer support payment were it not for the application of the Social Security (Overlapping Benefits) Regulations 1979 F3or, as the case may be, regulation 16 of the Carer’s Allowance (Carer Support Payment) (Scotland) Regulations 2023, or

(c)

they have an award of universal credit which includes the carer element described in regulation 29 of the 2013 Regulations.

(2)

A person does not have regular and substantial caring responsibilities for a severely disabled person if—

(a)

the person derives earned income from those caring responsibilities, or

(b)

the severely disabled person has died (but in this case see paragraph 5(5) and (6)).

(3)

Once a carer premium is to be included in the applicable amount of an applicant under this Part, a person is to be treated as being in receipt of any benefit for any period they spend undertaking a course of training or instruction provided or approved by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990235 or the Secretary of State under section 2 of the 1973 Act236 for any period during which the person is in receipt of a training allowance.

(4)

In the application of sub-paragraph (1)(b), a person is not to continue to be treated as being in receipt of a carer’s allowance F4or carer support payment after the date at which the person in respect of whose care the allowance F5or payment has been claimed ceases to be in receipt of attendance allowance, F6pension age disability payment, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act, F7the care component of Scottish adult disability living allowance at the highest or middle rate, the care component of child disability payment at the highest or middle rate, F8the daily living component of adult disability payment at the standard or enhanced rate, armed forces independence payment, or the daily living component of personal independence payment.