http://www.legislation.gov.uk/uksi/1976/409The Social Security (Invalid Care Allowance) Regulations 1976WestlawStatute Law DatabaseSOCIAL SECURITY2026-04-21Expert Participation2026-04-06 These Regulations contain provisions relating to invalid care allowance under section 37 of the Social Security Act 1975. 1976 No. 409 SOCIAL SECURITY The Social Security (Invalid Care Allowance) Regulations 1976 Made 15th March 1976 Laid before Parliament 22nd March 1976 Coming into Operation 12th April 1976 The Secretary of State for Social Services, in exercise of the powers conferred upon her by sections 13(4), 37, 40(2), 49, 79(1), 80, 81(1), (2) and (6), 82(1), (5) and (6), 84(1) and (2), 85(1), 86(5) and 119(3) of the Social Security Act 1975, section 36(7) of the National Insurance Act 1965 as continued in force by regulation 2(2) of the Social Security (Graduated Retirement Benefit) Regulations 1975, and of all other powers enabling her in that behalf, and after reference to the National Insurance Advisory Committee, hereby makes the following regulations: PART IGENERALCitation and commencement1These regulations may be cited as the Social Security (Invalid Care Allowance) Regulations 1976 and shall come into operation on 12th April 1976.Interpretation21 In these Regulations, “the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992 . 2Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace, it with or without modification.3The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.<Addition ChangeId="key-f1d4076caacb45da67ce7ac9f4765dbe-1557407096967" CommentaryRef="key-f1d4076caacb45da67ce7ac9f4765dbe">Disapplication of section 1(1A) of the </Addition><Abbreviation Expansion="Social Security Administration Act 1992 c. 5"><Addition ChangeId="key-f1d4076caacb45da67ce7ac9f4765dbe-1557407096967" CommentaryRef="key-f1d4076caacb45da67ce7ac9f4765dbe">Administration Act</Addition></Abbreviation>2ASection 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bto any claim for carer’s allowance made or treated as made before 9th February 1998;cto an adult dependant in respect of whom a claim for an increase of carer’s allowance is made or treated as made before 5th October 1998. dto an adult dependant who—iis a person in respect of whom a claim for an increase of carer’s allowance is made;iiis subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999; andiiihas not previously been allocated a national insurance number. PART IIMISCELLANEOUS PROVISIONS RELATING TO <Substitution ChangeId="key-0266fced32543992f589cc51daeaecfd-1557478956869" CommentaryRef="key-0266fced32543992f589cc51daeaecfd">CARER'S ALLOWANCE</Substitution> Prescribed payments out of public funds which constitute the persons in respect of whom they are payable as severely disabled persons31For the purposes of section 70 of the Contributions and Benefits Act (carer’s allowance) the prescribed payments out of public funds which constitute the persons in respect of whom they are payable as severely disabled persons are—aa payment under section 104 of the Contributions and Benefits Act (increase of disablement pension where constant attendance needed);ba payment such as is referred to in section 7(3)(b) of the Industrial Injuries and Diseases (Old Cases) Act 1975 (increase of an allowance under that Act where the person in respect of whom that allowance is payable requires constant attendance as a result of his disablement);ca payment under regulation 44 of the Social Security (Industrial Injuries) (Benefit) Regulations 1975 in respect of the need of constant attendance; da payment by way of an allowance in respect of constant attendance on account of disablement for which a person is in receipt of a war disablement pension,being a payment the weekly rate of which is not less than the amount specified in paragraph 2(a) of Part V of Schedule 4 to the Contributions and Benefits Act.2For the purposes of paragraph (1)(d) of this regulation “war disablement pension” means — aretired pay, pension or allowance granted in respect of disablement under powers conferred by or under the Ministry of Pensions Act 1916 the Air Force (Constitution) Act 1917, the Personal Injuries (Emergency Provisions) Act 1939, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the Polish Resettlement Act 1947, the Home Guard Act 1951 or the Ulster Defence Regiment Act 1969;bany retired pay or pension to which section 365(1) of the Income and Corporation Taxes Act 1970 applies, not being retired pay, pension or allowance to which sub-paragraph (a) of this paragraph applies; orcany payment which the Secretary of State has certified can be accepted as being analogous to any such retired pay, pension or allowance as is referred to in sub-paragraph (a) or (b) of this paragraph. Circumstances in which persons are or are not to be treated as engaged or regularly and substantially engaged in caring for severely disabled persons41 Subject to paragraph (1A) of this regulation, a person shall be treated as engaged and as regularly and substantially engaged in caring for a severely disabled person on every day in a week if, and shall not be treated as engaged or regularly and substantially engaged in caring for a severely disabled person on any day in a week unless, as at that week he is, or is likely to be, engaged and regularly engaged for at least 35 hours a week in caring for that severely disabled person.1AA person who is caring for two or more severely disabled persons in a week shall be treated as engaged and regularly and substantially engaged in caring for a severely disabled person only where he is engaged and regularly engaged for at least 35 hours in that week in caring for any one severely disabled person, considered without reference to any other severely disabled person for whom he is caring.2A week in respect of which a person fails to satisfy the requirements of paragraph (1) of this regulation shall be treated as a week in respect of which that person satisfies those requirements if he establishes— athat he has only temporarily ceased to satisfy them; andbthat (disregarding the provisions of this sub-paragraph) he has satisfied them for at least 14 weeks in the period of 26 weeks ending with that week and would have satisfied them for at least 22 weeks in that period but for the fact that either he or the severely disabled person for whom he has been caring was undergoing medical or other treatment as an in-patient in a hospital or similar institution.Circumstances in which persons are to be regarded as receiving full-time education51For the purposes of section 70(3) of the Contributions and Benefits Act, a person shall be treated as receiving full-time education for any period during which he attends a course of education at a university, college, school or other educational establishment for twenty-one hours or more a week.2In calculating the hours of attendance under paragraph (1) of this regulation–athere shall be included the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course; andbthere shall be excluded any time occupied by meal breaks or spent on unsuper-vised study, whether undertaken on or off the premises of the educational establishment.3In determining the duration of a period of full-time education under paragraph (1) of this regulation, a person who has started on a course of education shall be treated as attending it for the usual number of hours per week throughout any vacation or any temporary interruption of his attendance until the end of the course or such earlier date as he abandons it or is dismissed from it.<Substitution ChangeId="key-2b70384c95b1de5d14940e90a93c019e-1557300136818" CommentaryRef="key-2b70384c95b1de5d14940e90a93c019e">Severely disabled persons prescribed for the purposes of </Substitution><Substitution ChangeId="key-2b70384c95b1de5d14940e90a93c019e-1557300136818" CommentaryRef="key-2b70384c95b1de5d14940e90a93c019e"><Substitution ChangeId="key-0d32981f2bd72ac4e3f1b5e39a454818-1557398516808" CommentaryRef="key-0d32981f2bd72ac4e3f1b5e39a454818">section 70(1)(c) of the Contributions and Benefits Act</Substitution></Substitution> 6For the purposes of section 70(1)(c) of the Contributions and Benefits Act (condition of entitlement to a carer’s allowance that the severely disabled person is either such relative of the person caring for him as may be prescribed or a person of any such other description as may be prescribed) where a severely disabled person is being cared for by another person, that disabled person shall be a prescribed person for the purposes of that section, whether he is related to the person caring for him or not.<Addition ChangeId="key-5a67ea5fb9ebcee72fb67a88e2ebe09d-1707209180310" CommentaryRef="key-5a67ea5fb9ebcee72fb67a88e2ebe09d" Extent="S">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</Addition><Addition ChangeId="key-b8bc4e1454533be7646c261b9b0ca1c8-1707209451586" CommentaryRef="key-b8bc4e1454533be7646c261b9b0ca1c8" Extent="E+W">manner of electing the person entitled to a carer’s allowance in respect of a severely disabled person for the purposes of section 70 of the Contributions and Benefits Act</Addition>71For the purposes of the provision in section 70(7ZA) of the Contributions and Benefits Act which provides that where, apart from that section, two or more persons would have a relevant entitlement for the same day in respect of the same severely disabled person one of them only shall have that entitlement, being such one of them as they may jointly elect in the prescribed manner, an election shall be made by giving the Secretary of State a notice in writing signed by the persons who but for the said provision would have a relevant entitlement in respect of the same severely disabled person specifying one of them as the person to have that entitlement.1AFor the purposes of section 70(7ZC) of the Contributions and Benefits Act 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).1BFor the purposes of section 70(7ZE) of the Contributions and Benefits Act 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.1CFor the purposes of section 70(7ZB) and (7ZC) of the Contributions and Benefits Act, which provides that where, apart from those subsections, one person (A) would have an entitlement mentioned in subsection (7ZB) and another person (B) would have a relevant entitlement for the same day in respect of the same severely disabled person, persons A and B may jointly elect in the prescribed manner that B shall have the relevant entitlement and that A shall not have an entitlement mentioned in subsection (7ZB), an election shall be made by giving the Secretary of State a notice in writing signed by both A and B specifying that B shall have the relevant entitlement and A shall not have an entitlement mentioned in subsection (7ZB).2An election under paragraphs (1), (1A) or (1B)paragraph (1) or (1C of this regulation shall not be effective to confer a relevant entitlement either for the day on which the election is made or for any earlier day if such day is one for which a carer’s allowance , carer support payment or the carer element of universal credit has been paid in respect of the severely disabled person in question and has not been repaid or recovered.3In paragraph (2) “the carer element of universal credit” means an amount included in an award of universal credit in respect of the fact that a person has regular and substantial caring responsibilities for a severely disabled person.4In paragraph (2), “carer support payment” means a payment made the Carer Support Payment component of Carer Support under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.5In paragraph (2), “carer support payment” means carer’s assistance the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.Circumstances in which a person is or is not to be treated as gainfully employed81For the purposes of section 70(1)(b) of the Contributions and Benefits Act (condition of a person being entitled to a carer’s allowance for any day that he is not gainfully employed) a person shall not be treated as gainfully employed on any day in a week unless his earnings in the immediately preceding week have exceeded £204 and, subject to paragraph (2) of this regulation, shall be treated as gainfully employed on every day in a week if his earnings in the immediately preceding week have exceeded £204.2There shall be disregarded for the purposes of paragraph (1) above a person's earnings—afor any week which under paragraph (2) of regulation 4 of these regulations is treated as a week in which that person satisfies the requirements of paragraph (1) of that regulation; ...b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3The Social Security Benefit (Computation of Earnings) Regulations 1974, as amended, except regulations 5 to 7 thereof, shall apply in relation to invalid care allowance as they apply in relation to invalidity pension.Conditions relating to residence and presence in Great Britain91Subject to the following provisions of this regulation and regulations 9A, 9B , 9C, 9D and 9E, the prescribed conditions for the purposes of section 70(4) of the Contributions and Benefits Act (person not to be entitled to a carer’s allowance unless he satisfies prescribed conditions as to residence or presence in Great Britain) in relation to any person in respect of any day shall be—athat he is habitually resident in the United Kingdom, the Republic of Ireland, the Isle of Man or the Channel Islands; andiahe is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to a carer’s allowance by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, andbthat he is present in the relevant place; andcthat he has been present in Great Britain for a period of, or periods amounting in the aggregate to, not less than 104 weeks in the 156 weeks immediately preceding that day.1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1BFor the purposes of this regulation, “the relevant place” is—aif the person is entitled to a carer’s allowance in accordance with article 4 of the Regulatory Reform (Carer’s Allowance) Order 2002 (transitional provision), Great Britain;botherwise, England and Wales.1CIn this regulation, “the relevant area” means—afor the purposes of paragraphs (1)(a) and (c), Great Britain;bfor the purposes of paragraph (1)(b), the relevant place.2For the purposes of paragraph (1)(b) and (c) of this regulation, a person who is absent from Great Britain on any day shall be treated as being present in the relevant area—aif his absence is, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 4 weeks; orbif his absence is temporary and for the specific purpose of caring for the severely disabled person who is also absent from Great Britain and where any of the following is payable in respect of that disabled person for that day—iattendance allowance;iapension age disability payment given in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024;iithe care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act;iiathe care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;iiathe care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4)(a) or (b) of the DisabilityAssistance (Scottish Adult Disability Living Allowance) Regulations 2025;iiithe daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the Welfare Reform Act 2012; ...iiiaarmed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; ...iva payment specified in regulation 3(1) of these Regulations;ivathe care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021; orivbthe daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022.vthe care component of child disability payment at the middle or highest rate in accordance with regulation 11 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, ...vithe daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 or,viipension age disability payment in accordance with the Disability Assistance for Older People (Scotland) Regulations 20243Notwithstanding that on any day a person is absent from Great Britain, he shall be treated as though he were—ahabitually resident and present in the relevant area for the purposes of paragraphs (1)(a) to (c) if—ihis absence is by reason only of the fact that on that day he is abroad in his capacity as a serving member of the forces and for this purpose “serving member of the forces” has the meaning given in regulation 1(2) of the Social Security (Contributions) Regulations 2001 (“the 2001 Regulations”); oriihe is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person; andbpresent in the relevant area for the purposes of paragraph (1)(b) and (c) if his absence is by reason only of the fact that on that day he is—iabroad in his capacity as an airman within the meaning of regulation 111 of the 2001 Regulations or a mariner within the meaning of regulation 115 of those Regulations; oriiin prescribed employment in connection with continental shelf operations within the meaning of regulation 114(1) of those Regulations.4Where a person is required for the purposes of paragraph (1)(b) to be present in England and Wales, even though the person is absent from England and Wales on any day, the person is to be treated as though present in England and Wales on that day if—athe person is in Scotland, andbthe person’s absence—iis, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 4 weeks, oriiis temporary and for the specific purpose of caring for the severely disabled person who is also absent from England and Wales and where any of the benefits or payments mentioned in, or prescribed for the purposes of, section 70(2) of the Contributions and Benefits Act is payable in respect of that disabled person for that day.<Addition ChangeId="key-cb022a6b0fe5adfe77d0497e27d48be7-1557755812754" CommentaryRef="key-cb022a6b0fe5adfe77d0497e27d48be7">Persons residing in Great Britain to whom a relevant </Addition><Acronym Expansion="European Union"><Addition ChangeId="key-cb022a6b0fe5adfe77d0497e27d48be7-1557755812754" CommentaryRef="key-cb022a6b0fe5adfe77d0497e27d48be7">EU</Addition></Acronym><Addition ChangeId="key-cb022a6b0fe5adfe77d0497e27d48be7-1557755812754" CommentaryRef="key-cb022a6b0fe5adfe77d0497e27d48be7"> Regulation applies</Addition>9A1Regulation 9(1)(c) shall not apply where on any day—athe person is habitually resident in Great Britain;ba relevant EU Regulation applies; andcthe person can demonstrate a genuine and sufficient link to the United Kingdom ....2For the purposes of paragraph (1)(b) and regulation 9B, “relevant EU Regulation” has the meaning given by section 84(2) of the Welfare Reform Act 2012.<Addition ChangeId="key-cb022a6b0fe5adfe77d0497e27d48be7-1557756185205" CommentaryRef="key-cb022a6b0fe5adfe77d0497e27d48be7">Persons residing in an </Addition><Acronym Expansion="European Economic Area"><Addition ChangeId="key-cb022a6b0fe5adfe77d0497e27d48be7-1557756185205" CommentaryRef="key-cb022a6b0fe5adfe77d0497e27d48be7">EEA</Addition></Acronym><Addition ChangeId="key-cb022a6b0fe5adfe77d0497e27d48be7-1557756185205" CommentaryRef="key-cb022a6b0fe5adfe77d0497e27d48be7"> state </Addition><CommentaryRef Ref="key-990667870679ad444ec07090a205dd9e"/><Addition ChangeId="key-cb022a6b0fe5adfe77d0497e27d48be7-1557756185205" CommentaryRef="key-cb022a6b0fe5adfe77d0497e27d48be7">... or in Switzerland to whom a relevant </Addition><Addition ChangeId="key-cb022a6b0fe5adfe77d0497e27d48be7-1557756185205" CommentaryRef="key-cb022a6b0fe5adfe77d0497e27d48be7">EU</Addition><Addition ChangeId="key-cb022a6b0fe5adfe77d0497e27d48be7-1557756185205" CommentaryRef="key-cb022a6b0fe5adfe77d0497e27d48be7"> Regulation applies</Addition>9BRegulation 9(1)(a) to (c) shall not apply where on any day—athe person is habitually resident in—ian EEA state...; oriiSwitzerland;ba relevant EU Regulation—iapplies to the person; oriiexcept where the person has been habitually resident in the United Kingdom after 31st December 2020, applied to the person on 31st December 2020 and they have been continuously in receipt of a carer’s allowance on and from that date; andcthe person can demonstrate a genuine and sufficient link to the United Kingdom ....<Addition ChangeId="key-451f0205b52d892dbc93e60e3b1c6ccd-1561559354493" CommentaryRef="key-451f0205b52d892dbc93e60e3b1c6ccd"><Addition ChangeId="key-8b6471e5a3d8ea6eda90b71e626f4b3f-1646213997970" CommentaryRef="key-8b6471e5a3d8ea6eda90b71e626f4b3f" Extent="S">Refugees and certain persons with leave to enter and remain in the United Kingdom</Addition></Addition>9C1Regulation 9(1)(c) shall not apply where the person has—abeen granted refugee status or humanitarian protection under the immigration rules; ...bleave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.cleave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—ithe Afghan Relocations and Assistance Policy, oriithe previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),dbeen granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c), ...eleave granted under the Afghan Citizens Resettlement Scheme; ... fleave to enter or remain in the United Kingdom granted under or outside the immigration rules , a righta right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, , or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act where the person—iwas residing in Ukraine immediately before 1st January 2022; andiileft Ukraine in connection with the Russian invasion which took place on 24th February 2022; ...gleave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—iwas residing in Sudan before 15th April 2023; andiileft Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan, orhleave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—iwas residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, andiileft Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack.;imet conditions A to D.Condition AThe person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—provided public information to advise British nationals to leave that country or territory, orarranged the evacuation of British nationals from that country or territory.Condition BThe person has left that country or territory.Condition CThe person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.Condition DThe person—has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, orhas leave on a discretionary basis outside of rules made under section 3(2) of that Act; orjas part of a safe and legal humanitarian immigration route, leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules ,kmet conditions A to D,Condition AThe person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—iprovided public information to advise British nationals to leave that country or territory, oriiarranged the evacuation of British nationals from that country or territory,Condition BThe person has left that country or territory.Condition CThe person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.Condition DThe person—ihas a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,iidoes not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,iiihas leave to enter or remain in the United Kingdom in accordance with immigration rules, orivhas leave on a discretionary basis outside of immigration rules, orlas part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with the immigration rules or leave on a discretionary basis outside of those rules.1ARegulation 9(1)(a) shall not apply where any sub-paragraph in paragraph (1) applies to the person.1BWhere paragraph (1)(i) of this regulation applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started.1CWhere paragraph (1)(k) applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started.2For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.2For the purposes of this regulation—a“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,b“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.<Addition ChangeId="key-1a7e1cfa19609dfa80bc64bff99663a4-1762860336176" CommentaryRef="key-1a7e1cfa19609dfa80bc64bff99663a4">Persons who are entitled to a carer’s allowance: effect of move to Scotland</Addition>9D1This regulation applies where a person entitled to a carer’s allowance becomes permanently resident in Scotland on or after 6th November 2025.2If, on the day before the residence change date, a person—ais entitled to a carer’s allowance other than under article 4 of the Regulatory Reform (Carer’s Allowance) Order 2002, andbsatisfies the condition in paragraph (3),that person is, insofar as they are not present in England and Wales on or after the residence change date, to be treated as present in England and Wales for the purposes of regulation 9(1)(b) for the duration of the run-on period.3The condition referred to in paragraph (2) is that, where the person is entitled to a carer’s allowance under section 70(1A) of the Contributions and Benefits Act on the day before the residence change date, the period specified in paragraph (b) of section 70(1A) is still running on the residence change date.4For the purposes of this regulation and regulation 9E—a “residence change date”, in relation to a person, means the date on which the person becomes permanently resident in Scotland (whether or not the Secretary of State is notified of the move and whether or not any such notification takes place before or after the person moves to Scotland);b “run-on period”, in relation to a person, is the period—ibeginning with the residence change date, andiiending—aawhere the severely disabled person dies before the residence change date, at the end of the period of eight weeks beginning with the Sunday following the death of the severely disabled person (or beginning with the date of death if the death occurred on a Sunday),bbwhere the severely disabled person dies within the relevant period, at the end of the period of eight weeks beginning with the Sunday following the death of the severely disabled person (or beginning with the date of death if the death occurred on Sunday), orccin any other case, at the end of the day preceding the first pay day following the end of the relevant period (irrespective of whether or not the person’s carer’s allowance is payable in that particular week);c“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987.5For the purposes of paragraph (4)(b)(ii)—a“the relevant period” means the period of 13 weeks beginning with the residence change date;b“pay day” means the day of the week on which the person’s carer’s allowance is payable in accordance with paragraph 4 of Schedule 6 to the Claims and Payments Regulations 1987.<Addition ChangeId="key-1a7e1cfa19609dfa80bc64bff99663a4-1762860396211" CommentaryRef="key-1a7e1cfa19609dfa80bc64bff99663a4">Persons with an ongoing claim for a carer’s allowance: effect of move to Scotland</Addition>9E1Where a person satisfies the conditions in paragraph (2), the Secretary of State must comply with the requirement in paragraph (5).2The conditions mentioned in paragraph (1) are, subject to paragraph (4), that the person—ahas an ongoing claim for a carer’s allowance on the residence change date,bbecomes permanently resident in Scotland on or after 6th November 2025, andcis, or in accordance with regulation 9 is treated for the purposes of regulation 9(1)(b) as being, present in England and Wales—ion the day on which the person makes the claim, andiion the day before the residence change date.3For the purposes of paragraph (2)(a), a person has an ongoing claim on the residence change date if, before that date, the claim has not—abeen decided by the Secretary of State under section 8 of the Social Security Act 1998,bbeen withdrawn in accordance with regulation 5(2) of the Claims and Payments Regulations, orcotherwise ceased to be under consideration before being decided by the Secretary of State under section 8 of the Social Security Act 1998.4Where the day referred to in paragraph (i) or (ii) of paragraph (2)(c) is before 6th November 2025, the condition in that paragraph is to be read to the effect that the person must be present in England and Wales, or treated for the purposes of regulation 9(1)(b) as being present in Great Britain, on that day.5The requirement mentioned in paragraph (1) is that the Secretary of State must make a decision under section 8 of the Social Security Act 1998 on the person’s claim for a carer’s allowance, unless the person withdraws the claim in accordance with regulation 5(2) of the Claims and Payments Regulations.6For the purposes of the decision of the Secretary of State mentioned in paragraph (5), regulation 9(1)(b) applies as if for “the relevant place” there were substituted “Great Britain”.7If the Secretary of State decides that the person is entitled to a carer’s allowance, the person is, insofar as they are not present in England and Wales on or after the residence change date, to be treated as present in England and Wales for the purposes of regulation 9(1)(b) for the duration of the run-on period.8In this regulation, any reference to the date on which a person makes a claim for a carer’s allowance (however expressed) is to be construed in accordance with regulation 6 of the Claims and Payments Regulations.Circumstances in which a person over pensionable age is to be treated as having been entitled to invalid care allowance immediately before attaining that age10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <Addition ChangeId="M_F_2e900801-207f-4427-a394-8237080ed239-1557324321107" CommentaryRef="M_F_2e900801-207f-4427-a394-8237080ed239">Women aged 65 before 28th October 1994</Addition>10AA woman shall be entitled to a carer’s allowance if—ashe attained the age of 65 before 28th October 1994;bimmediately before attaining the age of 65 she would have satisfied the requirements for entitlement to a carer’s allowance, whether or not she made a claim, but for the condition, which applied prior to 28th October 1994, in section 70(5) of the Contributions and Benefits Act(exclusion of persons who had attained pensionable age and had not been entitled to that allowance immediately before attaining that age); andcshe satisfies the requirements for entitlement to a carer’s allowance apart from the conditions in section 70(1)(a) and (b) ... of the Contributions and Benefits Act. Invalid care allowance for persons over retiring age11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="key-d49bcaa88d803d15ef2990f7a4ce2c8d-1557323664387" CommentaryRef="key-d49bcaa88d803d15ef2990f7a4ce2c8d">Men aged 65 before 28th October 1994</Addition>11AA man who—aattained the age of 65 before 28th October 1994; andbwas entitled to a carer’s allowance immediately before he attained that age,shall be entitled to that allowance notwithstanding that, after he attained that age, he was not caring for a severely disabled person or no longer satisfied the requirements of section 70(1)(a) or (b) of the Contributions and Benefits Act, if he satisfies the other requirements for entitlement to that allowance.Increase of invalid care allowance for child dependants12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Increase of invalid care allowance for adult dependants13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Application of <Substitution ChangeId="key-c3537fce233d4a29c29c949b7ea4f16b-1557393596162" CommentaryRef="key-c3537fce233d4a29c29c949b7ea4f16b">the Social Security (General Benefit) Regulations 1982</Substitution> to <Substitution ChangeId="key-e7e4525c863ae85089bb3c416b9a3e24-1560939397879" CommentaryRef="key-e7e4525c863ae85089bb3c416b9a3e24">carer’s allowance</Substitution>14The provisions of the Social Security (General Benefit) Regulations 1982 , specified in column (1) of Schedule 1 to these regulations, the subject matter of which is described in column (2) of that Schedule, shall, with any necessary modifications, apply to carer’s allowance as they apply to incapacity benefit.PART IIICONSEQUENTIAL AMENDMENTS OF REGULATIONSAmendment of the Social (Overlapping Benefits) Regulations 197515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amendment of Part VI of the Social Security (Determination of Claims and Questions) Regulations 197516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amendment of the Social Security (Claims and Payments) Regulations 197517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amendment of the National Insurance (Graduated Retirement Benefit and Consequential Provisions) Regulations 196118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amendment of the Social Security (Credits) Regulations 197519The Social Security (Credits) Regulations 1975 shall be amended by the insertion of the following regulation after regulation 7:—

Credits for invalid care allowance7A1For the purposes of entitlement to any benefit by virtue of a person's contributions he shall, subject to paragraph (2), be entitled to a Class I credit in respect of each week for any part of which an invalid care allowance is paid to him, or in the case of a widow, would have been so payable but for the provisions of the Social Security (Overlapping Benefits) Regulations 1975, as amended by the Social Security (Invalid Care Allowance) Regulations 1976, requiring adjustment of an invalid care allowance against widow's benefit or benefit by virtue of section 39(4) corresponding to a widowed mother's allowance or a widow's pension.2Paragraph (1) shall not apply—ato a person in respect of any week where he is entitled to a Class 1 credit under regulation 9 in respect of the same week; orbto a woman in respect of any week in any part of which she was a married woman in respect of whom an election made by her under regulations made under section 130(2) had effect..Amendment of the Social Security Benefit (Persons Abroad) Regulations 197520In the Social Security Benefit (Persons Abroad) Regulations 1975, after regulation 10A, added to those regulations by regulation 10 of the Mobility Allowance Regulations 1975, there shall be added the following regulation:— Modification of the Act in relation to invalid care allowance10BA person shall not be disqualified for receiving an invalid care allowance by reason of being absent from Great Britain..Amendment of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 197421. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Barbara CastleSecretary of State for Social ServicesSCHEDULE 1<Substitution ChangeId="key-d88f931834d38d8b23b287dd9af6f0d1-1557325685406" CommentaryRef="key-d88f931834d38d8b23b287dd9af6f0d1">PROVISIONS OF THE SOCIAL SECURITY (GENERAL BENEFIT) REGULATIONS 1982 APPLIED TO </Substitution><Substitution ChangeId="key-d88f931834d38d8b23b287dd9af6f0d1-1557325685406" CommentaryRef="key-d88f931834d38d8b23b287dd9af6f0d1"><Substitution ChangeId="key-d1a3ec0cdf7250097d8ef5b84a124a70-1557479727380" CommentaryRef="key-d1a3ec0cdf7250097d8ef5b84a124a70">CARER'S ALLOWANCE</Substitution></Substitution> Regulation appliedSubject matter(1)(2)2Exceptions from disqualification for imprisonment etc.3Suspension of payment of benefit during imprisonment etc.4Interim payments by way of benefit under the Act9Payment of benefit and suspension of payments pending a decision on appeals or references, arrears and repaymentsSCHEDULE 2REGULATION 2(3) OF THE NATIONAL INSURANCE (GRADUATED RETIREMENT BENEFIT AND CONSEQUENTIAL PROVISIONS) REGULATIONS 1961 AS AMENDED BY THESE REGULATIONS<FootnoteRef Ref="f00025"/> Regulation 18(1)

...

EXPLANATORY NOTE

These Regulations contain provisions relating to invalid care allowance under section 37 of the Social Security Act 1975.

Part I of the Regulations relates to their citation, commencement and interpretation; Part II contains miscellaneous provisions relating to the allowance and applies to the allowance the provisions of the Social Security (General Benefit) Regulations 1974 set out in Schedule 1 to the Regulations; and Part III, together with Schedule 2 to the Regulations, relates to consequential amendments of other Social Security Regulations. The Regulations contain an “Arrangement of Regulations” (see pages 1 and 2).

The Report of the National Insurance Advisory Committee dated 9th March 1976 on the draft of these Regulations referred to them is contained in House of Commons Paper No. 271 (Session 1975-76) published by Her Majesty's Stationery Office.

(1975 I, p. 1949). (1975 I, p. 1979). (1974 III, p. 7017). There is no amendment relevant for the purposes of this regulation. There is no amendment which relates expressly to the subject matter of these Regulations. (1975 I, p. 1941). (1975 I, p. 2052). (1975 III, p. 5450). The words added by these regulations are shown in italics. Words in reg. 7(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(2)(d)Words in Pt. II heading substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1, Sch. 2 para. 1, 2Words in reg. 9B(a)(i) omitted (31.12.2020) by virtue of The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), reg. 1(2), Sch. para. 2(2)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 9 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2Words in reg. 6 heading substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(5)Reg. 21 revoked (10.7.1979) by The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979 (S.I. 1979/642), reg. 1, Sch. 2Words in reg. 10A(c) omitted (28.10.2002) by virtue of The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), regs. 1(a), 2(2)Reg. 11 revoked (28.10.2002) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), regs. 1(a), 2(1)(b)Reg. 7(3) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(4)Words in reg. 7(2) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(3)(b)Word in reg. 8(2)(a) omitted (25.11.1996) by virtue of The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(7)(b)Reg. 4(2)(b) modified by S.S.I. 2020/117, reg. 4(2) (as inserted (S.) (3.12.2020) by The Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/350), regs. 1(1), 2(3))Words in reg. 2(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(2)Reg. 8(2)(c) omitted (25.11.1996) by virtue of The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(7)(c)Words in reg. 9(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(8)(a)Reg. 6 substituted (1.6.1981) by The Social Security (Invalid Care Allowance) Amendment Regulations 1981 (S.I. 1981/655), regs. 1, 2Words in reg. 7(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(2)(c)Word in reg. 9(1)(a) substituted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 2(2)(b)(i)Word in reg. 9(2)(b)(iii) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 2(2)(a)Words in reg. 3(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(3)(c)Reg. 9C inserted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 2(3)Word in reg. 9C(1)(d) omitted (E.W.) (22.3.2022) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 4(2)(a)(4)(a); and (S.) (22.3.2022 at 5.40 p.m.) by virtue of The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 2(2)(a)(4)(a)Reg. 5 substituted (6.4.1992) by The Social Security (Invalid Care Allowance) Amendment Regulations 1992 (S.I. 1992/470), regs. 1, 2Words in reg. 7(2) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(3)(a)Words in reg. 9C(1A) substituted (E.W.) (22.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 4(3)(4)(a); and (S.) (22.3.2022 at 5.40 p.m.) by virtue of The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 2(3)(4)(a)Reg. 18 revoked (6.4.1979) by The Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 (S.I. 1978/393), regs. 1(4), 5Words in reg. 9(1)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 2(2)(c)(ii)Reg. 17 revoked (9.7.1979) by The Social Security (Claims and Payments) Regulations 1979 (S.I. 1979/628), reg. 1, Sch. 5Words in reg. 9(1) inserted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 2(2)(a)Reg. 9C(2) substituted (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(4)(5)(a)Words in reg. 4(1) substituted (17.8.1993) by The Social Security (Invalid Care Allowance) Amendment (No. 2) Regulations 1993 (S.I. 1993/1851), regs. 1, 2(2)Reg. 9(3) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 2(2)(d)Reg. 9(1A) omitted (3.4.2000) by virtue of The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 8(3) (with reg. 12(10))Words in reg. 7(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(2)(b)Words in reg. 8(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(7)(a)Words in reg. 3(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(3)(b)Reg. 9C heading substituted (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(2)(5)(a); and substituted (E.W.) (16.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(2)(4)Words in reg. 14 substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 8(2)Words in reg. 4(2) omitted (temp.) (E.W.) (30.3.2020) by virtue of The Social Security (Coronavirus) (Further Measures) Regulations 2020 (S.I. 2020/371), regs. 1(1), 9(2) (with reg. 10(2)) (as amended; (12.5.2021) by reg. 3 S.I. 2021/476); and words in reg. 4(2) omitted (temp.) (S.) (3.4.2020) by virtue of The Carers Allowance (Coronavirus) (Breaks in Care) (Scotland) Regulations 2020 (S.S.I. 2020/117), regs. 1(1), 2 (with reg. 3) (as amended; (12.5.2021) by reg. 2(2) S.S.I. 2021/140)Reg. 9C(1)(c)-(e) inserted (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(3)(b)(5)(a); and (E.W.) (16.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(3)(b)(4)Words in reg. 9B title omitted (31.12.2020) by virtue of The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), reg. 1(2), Sch. para. 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 3(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(3)(a)Word in reg. 9C(1)(e) substituted (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1), 3(1)(a)(2)(a)Reg. 10 revoked (28.10.2002) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), regs. 1(a), 2(1)(a)Words in reg. 6 substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(5)Words in reg. 3 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2Reg. 4(1A) inserted (17.8.1993) by The Social Security (Invalid Care Allowance) Amendment (No. 2) Regulations 1993 (S.I. 1993/1851), regs. 1, 2(3)Reg. 16 revoked (23.4.1984) by The Social Security (Adjudication) Regulations 1984 (S.I. 1984/451), reg. 1, Sch. 5Words in reg. 11A substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2Reg. 9(2)(b) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 9Words in reg. 9C(1)(f) substituted (E.W.) (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1), 3(1)(b)(i)(2)(a)Words in reg. 14 heading substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 8(2)Reg. 15 revoked (29.6.1979) by The Social Security (Overlapping Benefits) Regulations 1979 (S.I. 1979/597), reg. 1, Sch. 2Words in reg. 8 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2Reg. 9(2)(b)(iiia) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 2(2)(b)Words in reg. 9(1)(a) substituted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 2(2)(b)(ii)Regs. 9A-9B inserted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 2(3)Words in reg. 9(1) substituted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 2(2)Reg. 8(2)(b) omitted (12.12.1995) by virtue of The Social Security (Invalid Care Allowance) Amendment Regulations 1995 (S.I. 1995/2935), regs. 1, 2Words in Sch. 1 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2Reg. 11A inserted (28.10.1994) by The Social Security (Severe Disablement Allowance and Invalid Care Allowance) Amendment Regulations 1994 (S.I. 1994/2556), regs. 1, 5(6)Sch. 1 substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 8(3)Word in reg. 9C(1)(a) omitted (S.) (15.9.2021) by virtue of The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(3)(a)(5)(a); and (E.W.) (16.9.2021) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(3)(a)(4)Word in reg. 9(1)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 2(2)(c)(i)Reg. 9C(1)(f) and word inserted (E.W.) (22.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 4(2)(b)(4)(a); and (S.) (22.3.2022 at 5.40 p.m.) by virtue of The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 2(2)(b)(4)(a)Words in reg. 10A substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2Words in reg. 6 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2Words in reg. 14 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2Words in reg. 5(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(4)Words in reg. 7(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(2)(a)Reg. 2A inserted (1.12.1997) by The Social Security (National Insurance Number Information: Exemption) Regulations 1997 (S.I. 1997/2676), regs. 1(1), 11Words in reg. 9C(1)(f) inserted (E.W.) (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1), 3(1)(b)(ii)(2)(a)Reg. 9C(1A) inserted (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(6); and (E.W.) (16.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(5)Reg. 9(1)(ia) substituted for reg. 9(1)(aa) (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 8(2) (with reg. 12(10))Words in reg. 7 substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(6)Reg. 13 revoked (4.4.1977) by The Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343), reg. 001(01), Sch. 3Reg. 10A inserted (28.10.1994) by The Social Security (Severe Disablement Allowance and Invalid Care Allowance) Amendment Regulations 1994 (S.I. 1994/2556), regs. 1, 5(4)Reg. 12 revoked (4.4.1977) by The Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343), reg. 001(01), Sch. 3Sch.2 revoked (6.4.79) by The Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 (S.I. 1978/393), reg 001(04), reg. 005 Reg. 2A(d) inserted (6.4.2009) by The Social Security (National Insurance Number Information: Exemption) Regulations 2009 (S.I. 2009/471), regs. 1, 2 Reg 2A(a) omitted (6.4.2003) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 2) Regulations 2003 (S.I. 2003/937), regs. 1(a), 2(1)Words in reg. 2A substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(a), Sch. 2 paras. 1Words in reg. 9C(1)(f) substituted (S.) (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 6(1)(a)Words in reg. 9C(1)(f) inserted (S.) (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 6(1)(b)Word in reg. 9C(1)(e) omitted (E.W.) (15.5.2023) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023 (S.I. 2023/532), regs. 1(1), 4(1)(a)(2)(a); and (S.) (17.5.2023 at 5.54 p.m.) by virtue of The Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (S.S.I. 2023/149), regs. 1(1), 2(2)(a)(3)(a)Reg. 9C(1)(g) and word inserted (E.W.) (15.5.2023) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023 (S.I. 2023/532), regs. 1(1), 4(1)(b)(2)(a); and (S.) (17.5.2023 at 5.54 p.m.) by The Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (S.S.I. 2023/149), regs. 1(1), 2(2)(b)(3)(a)Word in reg. 9C(1)(f) omitted (S.) (26.10.2023 at 5.38 p.m.) by virtue of The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(2), 2(2)(a)(3)(a); (E.W.) (27.10.2023) by virtue of The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 10(1)(a)(2)(a)Reg. 9C(1)(h) and word inserted (S.) (26.10.2023 at 5.38 p.m.) by The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(2), 2(2)(b)(3)(a); (E.W.) (27.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 10(1)(c)(2)(a)Reg. 7(1A)(1B) inserted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(c) (with reg. 9)Reg. 7(1C) inserted (E.W.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 2(4)Reg. 7(4) inserted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(e) (with reg. 9)Reg. 7(5) inserted (E.W.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 2(6)Words in reg. 7(2) substituted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(d)(i) (with reg. 9)Words in reg. 7(2) substituted (E.W.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 2(5)(a)Reg. 7 heading substituted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(a) (with reg. 9)Reg. 7 heading substituted (E.W.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 2(2)Words in reg. 7(2) inserted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(d)(ii) (with reg. 9); (E.W.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 2(5)(b)Words in reg. 7(1) substituted (E.W.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 2(3); (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(b) (with reg. 9)Word in reg. 9(2)(b)(iiia) omitted (S.) (20.11.2023) by virtue of The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/346), regs. 1, 2(2)(a); (E.W.) (21.3.2025) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 2(2)(b) Reg. 9(2)(b)(v)(vi) inserted (S.) (20.11.2023) by The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/346), regs. 1, 2(2)(b)Reg. 9(2)(b)(ia) inserted (E.W.) (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 2(2)Word in reg. 9(2)(b)(v) omitted (S.) (21.10.2024) by virtue of The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024 (S.S.I. 2024/141), regs. 1, 2(a) (with reg. 14)Reg. 9(2)(b)(vii) and word inserted (S.) (21.10.2024) by The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024 (S.S.I. 2024/141), regs. 1, 2(b) (with reg. 14)Words in reg. 9A(1)(c) omitted (E.W.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations 2024 (S.I. 2024/936), regs. 1(1), 2(2); (S.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/241), regs. 1(1), 2(2)Words in reg. 9B(c) omitted (E.W.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations 2024 (S.I. 2024/936), regs. 1(1), 2(3); (S.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/241), regs. 1(1), 2(3)Reg. 9(2)(b)(iia) inserted (S.) (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 2Reg. 9(2)(b)(iia) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 2(2)(a)Reg. 9(2)(b)(iva)(ivb) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 2(2)(c)Word in reg. 9C(1)(g) omitted (E.W.) (18.7.2025) by virtue of The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(1)(a)(4)(a)Reg. 9C(1)(h): semicolon substituted for full stop (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(1)(b)(4)(a)Reg. 9C(1)(i)(j) inserted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(1)(c)(4)(a)Reg. 9C(1B) inserted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(2)(4)(a)Words in reg. 9(1) substituted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(a) (with reg. 6)Words in reg. 9(1)(b) substituted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(b) (with reg. 6)Reg. 9(1B)(1C) inserted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(c) (with reg. 6)Words in reg. 9(2) substituted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(d) (with reg. 6)Words in reg. 9(3)(a) substituted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(e) (with reg. 6)Reg. 9(4) inserted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(f) (with reg. 6)Words in reg. 9(3)(b) substituted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(e) (with reg. 6)Regs. 9D, 9E inserted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(3) (with reg. 6)Words in reg. 7(4) substituted (S.) (15.3.2026) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), reg. 1(2), sch. 1 para. 3(2) (with reg. 5(1))Words in reg. 7(5) substituted (E.W.) (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 3Reg. 9C(1C) inserted (S.) (18.3.2026) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/139), regs. 1(1), 2(2)(b)Reg. 9C(1)(k)(l) inserted (S.) (18.3.2026) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/139), regs. 1(1), 2(2)(a)Reg. 9B(b) substituted (10.12.2025) (E.W.) by The Social Security (Residence in an EEA State or Switzerland) (Amendment) Regulations 2025 (S.I. 2025/1198), regs. 1(1), 2; (S.) (1.4.2026) by The Social Security (Residence in an EEA State or Switzerland) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/415), regs. 1(1), 2Sum in Reg. 8(1) substituted (E.W.) (6.4.2026) by The Social Security Benefits Up-rating Regulations 2026 (S.I. 2026/218), regs. 1(1), 4; (S.) (6.4.2026) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026 (S.S.I. 2026/170), regs. 1(4), 2 (with sch. para. 1)