EXPLANATORY NOTE
(This note is not part of the Regulations)
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.