The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023
Citation and commencement 1.
These Regulations may be cited as the Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 and come into force on 19 November 2023.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976 2.
(1)
(2)
In regulation 7 of the Social Security (Invalid Care Allowance) Regulations 1976 (manner of electing the person entitled to a carer’s allowance)—
(a)
for the heading, substitute “manner of electing the person entitled to carer’s allowance in respect of a severely disabled person where more than one person would be entitled”
,
(b)
in paragraph (1), for “section 37(7) of the Act” substitute “section 70(7ZA) of the Contributions and Benefits Act4”
,
(c)
“(1A)
For the purposes of section 70(7ZC) of the Contributions and Benefits Act5 which provides that where, apart from that section, one person (A) would have an entitlement mentioned in subsection (7ZB) and another person (B) would have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person, A and B may jointly elect in the prescribed manner which of them shall have such entitlement, an election shall be made by giving the Scottish Ministers a notice in writing signed by both A and B specifying that B shall have entitlement to carer’s allowance and A shall not have an entitlement mentioned in subsection (7ZB).(1B)
For the purposes of section 70(7ZE) of the Contributions and Benefits Act6 which provides that where, apart from that section, one person (A) has, or would have an entitlement to universal credit carer element and another person (B) would have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person, A and B may jointly elect in the prescribed manner which of them shall have such entitlement, an election shall be made by giving the Scottish Ministers a notice in writing signed by both A and B specifying that B shall have an entitlement to carer’s allowance and A shall not have entitlement to universal credit carer element.”,
(d)
in paragraph (2)—
(i)
for “paragraph (1)” substitute “paragraphs (1), (1A) or (1B)”
,
(ii)
after “a carer’s allowance” insert “, carer support payment”
,
(e)
“(4)
In paragraph (2), “carer support payment” means a payment made under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 20237.”.
Amendment of the National Assistance (Assessment of Resources) Regulations 1992 3.
(1)
(2)
““Carer Support Payment” means carer’s assistance payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 20239,”.
(3)
In paragraph 3(2)(a) of schedule 2 (sums to be disregarded in the calculation of earnings), after “carer’s allowance”, insert “or Carer Support Payment”
.
Amendment of the Advice and Assistance (Scotland) Regulations 1996 4.
(1)
(2)
““carer support payment” means carer’s assistance payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 202311,”.
(3)
“(cd)
to carer support payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 202312,”.
(4)
“(aze)
carer support payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 202313,”.
Amendment of the Individual Learning Account (Scotland) Regulations 2011 5.
(1)
(2)
“(iiia)
carer support payment payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 202315,”.
Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 6.
(1)
(2)
““carer support payment” means carer’s assistance payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 202317,”.
(3)
In schedule 1, part 3 (disability premiums)—
(a)
in paragraph 6(1)—
(i)
at the end of head (a) omit “and”,
(ii)
“(ab)
in the case of carer support payment, any period during which, but for regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, the person would be in receipt of carer support payment, and”,
(b)
in paragraph 6(2), after “sub-paragraph (1)(a)” insert “or carer support payment by virtue of sub-paragraph (1)(ab)”
,
(c)
in paragraph 7(2)(a)(iii), after “section 70 of the 1992 Act,” insert “carer support payment,”
,
(d)
in paragraph 7(2)(b), after “carer’s allowance,”, in both places where it appears, insert “carer support payment”
,
(e)
in paragraph 7(7)(b), after “carer’s allowance”, in both places where it appears, insert “, carer support payment”
,
(f)
in paragraph 7(8)—
(i)
in head (a) after “carer’s allowance,” insert “carer support payment”
,
(ii)
in head (b)—
(aa)
after “carer’s allowance” insert “, carer support payment”
, and
(bb)
after “in receipt of that allowance”, insert “, payment”
,
(g)
in paragraph 10—
(i)
in sub-paragraph (1) after “carer’s allowance” insert “or carer support payment”
,
(ii)
in sub-paragraph (2)(a) after “carer’s allowance” insert “or carer support payment”
,
(iii)
in sub-paragraph (2)(b) after “carer’s allowance” insert “or carer support payment,”
,
(iv)
in sub-paragraph (3)(a) after “carer’s allowance” insert “or carer support payment”
,
(v)
in sub-paragraph (3)(b) after “carer’s allowance” insert “or carer support payment”
,
(vi)
in sub-paragraph (4) after “carer’s allowance” insert “or carer support payment”
.
(4)
In schedule 1, part 4 (amount of disability premium)—
(a)
in paragraph 13—
(i)
in sub-paragraph (1)(b)(i) after “carer’s allowance,” insert “carer support payment”
,
(ii)
in sub-paragraph (1)(b)(ii) after “carer’s allowance” insert “, carer support payment”
.
Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 7.
(1)
(2)
Amendment of the Council Tax Reduction (Scotland) Regulations 2021 8.
(1)
(2)
““carer support payment” means carer’s assistance payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 202321,”.
(3)
“(iva)
carer support payment,”.
(4)
In schedule 1 (applicable amount)
(a)
in paragraph 5—
(i)
in sub-paragraph (4)(b) after “carer’s allowance” insert “or carer support payment”
,
(ii)
in sub-paragraph (4)(c)—
(aa)
after “carer’s allowance” insert “or carer support payment”
,
(bb)
after “Social Security (Overlapping Benefits) Regulations 1979” insert “or, as the case may be, regulation 16 of the Carer’s Allowance (Carer Support Payment) (Scotland) Regulations 202322”
,
(iii)
in sub-paragraph (6)(a) after “carer’s allowance” insert “or carer support payment”
,
(iv)
in sub-paragraph (6)(b) after “carer’s allowance” insert “or carer support payment,”
(v)
in sub-paragraph (7)(a) after “carer’s allowance”, in both places where it appears, insert “or carer support payment”
,
(vi)
in sub-paragraph (7)(b) after “carer’s allowance” insert “or carer support payment”
,
(b)
in paragraph 6—
(i)
in sub-paragraph (1)(a) after “carer’s allowance” insert “or carer support payment”
,
(ii)
in sub-paragraph (1)(b)—
(aa)
after “carer’s allowance” insert “, or carer support payment”
,
(bb)
after “Social Security (Overlapping Benefits) Regulations 1979” insert “or, as the case may be, regulation 16 of the Carer’s Allowance (Carer Support Payment) (Scotland) Regulations 202323”
,
(iii)
in sub-paragraph (4)—
(aa)
after “carer’s allowance” insert “or carer support payment”
, and
(bb)
after “whose care the allowance” insert “or payment”
,
(c)
in paragraph 13—
(i)
in sub-paragraph (2)(a)(iii) after “section 70 of the 1992 Act” insert “, carer support payment payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 202324,”
,
(ii)
in sub-paragraph (2)(b) after “carer’s allowance,”, in both places where it appears, insert “, carer support payment”
,
(iii)
in sub-paragraph (5)(b) after “carer’s allowance”, in both places where it appears, insert “, carer support payment”
,
(iv)
in sub-paragraph (6) after “carer’s allowance,” insert “carer support payment,”
,
(v)
in sub-paragraph (7)—
(aa)
after “carer’s allowance” insert “, carer support payment”
, and
(bb)
after “in receipt of that allowance” insert “, payment”
,
(d)
in paragraph 17 after “carer’s allowance,”, in both places where it appears, insert “carer support payment,”
.
(5)
In schedule 3 (sums to be disregarded in the calculation of earnings) in paragraph 6(1)(a) after “carer’s allowance” in both places where it appears, insert “, or carer support payment”
.
Transitional provision – extinguishment of right to apply for Carer’s Allowance 9.
(1)
F1(a)
during the initial period for applications for carer support payment—
(i)
in phase 1 is resident in the local authority area of Perthshire and Kinross, City of Dundee or Western Isles,
(ii)
in phase 2 is resident in the local authority area of Perthshire and Kinross, City of Dundee, Western Isles, Angus, North Lanarkshire or South Lanarkshire,
(iii)
in phase 3 is resident in the local authority area of Perthshire and Kinross, City of Dundee, Western Isles, Angus, North Lanarkshire, South Lanarkshire, Fife, City of Aberdeen, Aberdeenshire, Moray, North Ayrshire, East Ayrshire or South Ayrshire, or
(b)
after the expiry of the initial period for applications—
(i)
is resident in Scotland, or
(ii)
is a person to whom regulation 6(3) (residence and presence conditions), regulation 8 (serving members of His Majesty’s forces, civil servants and their family members) or regulation 11 (persons residing outside the United Kingdom to whom a relevant EU regulation applies) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 applies.
(2)
In this regulation—
“carer’s allowance” means assistance payable under the Social Security Contributions and Benefits Act 1992, and
“initial period for applications” means the period referred to in regulation 46 (transitory provision – initial period for applications) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, beginning with 19 November 2023 and ending with F23 November 2024, and references to phases of that period are to be construed in accordance with regulation 46(3) of those Regulations.
St Andrew’s House,
Edinburgh
These Regulations make consequential, miscellaneous and transitional provision in connection with the introduction of a new form of carer’s assistance known as carer support payment, under section 28 of the Social Security (Scotland) Act 2018 (“the 2018 Act”). Carer support payment is provided for by the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (“the Carer Support Payment Regulations”).
Regulation 2 makes miscellaneous amendments to the Social Security (Invalid Care Allowance) Regulations 1976.
Regulations 3 to 8 make consequential amendments to secondary legislation in connection with the introduction of carer support payment. The amendments ensure that individuals who are entitled to carer support payment have the same entitlements and disregards under that legislation as individuals who are entitled to carer’s allowance payable under the Social Security Contributions and Benefits Act 1992.
Carer support payment will replace carer’s allowance in Scotland for new applicants, and as such these Regulations also make provision in connection with the transition from the pre-existing statutory framework for carer’s benefits in Scotland to that provided for under the 2018 Act and the Carer Support Payment Regulations. Regulation 9 provides that no person aged 16 or older who is able to apply for carer support payment due to being resident in the local authority areas of Perthshire and Kinross, City of Dundee or Western Isles during the initial period for applications may apply for carer’s allowance. It also provides that no person aged 16 or older who is able to apply for carer support payment due to being resident in Scotland, or otherwise meeting the residence and presence conditions in the Carer Support Payment Regulations after the initial period for applications may apply for carer’s allowance.
No business and regulatory impact assessment has been prepared for these Regulations.