The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023

Amendment of the Jobseeker’s Allowance Regulations 1996

8.—(1) The Jobseeker’s Allowance Regulations 1996(1) are amended as follows.

(2) In regulation 1(3) (interpretation), after the definition of “care home” insert—

““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023(2);”.

(3) In regulation 46(1)(a) and (d) (waiting days), for “or carer’s allowance” substitute “, carer’s allowance or carer support payment”.

(4) In regulation 48 (linking periods)—

(a) in paragraph (2)(a), after “a carer's allowance under section 70 of the Benefits Act” insert “or carer support payment”;

(b) in paragraph (3), after “carer’s allowance” insert “or carer support payment”.

(5) In regulation 51(3)(c)(iii) (remunerative work), after “a carer's allowance under section 70 of the Benefits Act” insert “or carer support payment”.

(6) In regulation 150(2) (amount of a jobseeker’s allowance payable), after “carer’s allowance,” insert “carer support payment,”.

(7) In regulation 153(c) (modification in the calculation of income), after “carer’s allowance,” insert “carer support payment,”.

(8) In paragraph 3(b) of Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b)), after “carer’s allowance” insert “or carer support payment”.

(9) In Schedule 1 (applicable amounts)—

(a) in paragraph 8—

(i) at the end of sub-paragraph (1)(a) omit “and”;

(ii) at the end of sub-paragraph (1)(b) insert “and”;

(iii) after sub-paragraph (1)(b) insert—

“(c) in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.”;

(iv) in sub-paragraph (2)—

(aa) after “carer’s allowance by virtue of sub-paragraph (1)(a)” insert “or carer support payment by virtue of sub-paragraph (1)(c)”;

(bb) after “the allowance” insert “or payment”;

(b) in paragraph 15—

(i) in sub-paragraph (1)(c), after “a carer's allowance under section 70 of the Benefits Act” insert “or carer support payment”;

(ii) in sub-paragraph (2)(d), after “a carer's allowance under section 70 of the Benefits Act”, in both places it occurs, insert “or carer support payment”;

(iii) in sub-paragraph (5)(b), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”;

(iv) in sub-paragraph (7), after “carer’s allowance” insert “, carer support payment”;

(c) in paragraph 17—

(i) in sub-paragraph (1), after “carer’s allowance under section 70 of the Benefits Act” insert “or carer support payment”;

(ii) in sub-paragraph (3), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”;

(iii) in sub-paragraph (3A)—

(aa) after “carer’s allowance”, in both places it occurs, insert “or carer support payment”;

(bb) after “that allowance” insert “or payment”;

(iv) in sub-paragraph (4)—

(aa) after “carer’s allowance”, in each place it occurs, insert “or carer support payment”;

(bb) after “that allowance”, in both places it occurs, insert “or payment”;

(d) in paragraph 20—

(i) in sub-paragraph (6)(b)(i), after “carer’s allowance” insert “or carer support payment”;

(ii) in sub-paragraph (6)(b)(ii), after “an allowance” insert “or payment”;

(e) in paragraph 20D—

(i) at the end of sub-paragraph (1)(a) omit “and”;

(ii) at the end of sub-paragraph (1)(b) insert “and”;

(iii) after sub-paragraph (1)(b) insert—

“(c) in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.”;

(iv) in sub-paragraph (2)—

(aa) after “carer’s allowance by virtue of sub-paragraph (1)(a)” insert “or carer support payment by virtue of sub-paragraph (1)(c)”;

(bb) after “the allowance” insert “or payment”;

(f) in paragraph 20I—

(i) in sub-paragraphs (1)(d)(i) and (ii), after “a carer's allowance under section 70 of the Benefits Act” insert “or carer support payment”;

(ii) in paragraph (4)(b), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”;

(iii) in paragraph (6), after “carer’s allowance” insert “, carer support payment”;

(iv) in paragraph (7), after “carer’s allowance” insert “or carer support payment”;

(g) in paragraph 20J—

(i) in sub-paragraph (1), after “a carer's allowance under section 70 of the Benefits Act” insert “or carer support payment”;

(ii) in sub-paragraphs (3), (3A) and (4), after “carer’s allowance”, in each place it occurs, insert “or carer support payment”;

(iii) in sub-paragraph (4), after “that allowance”, in both places it occurs, insert “or payment”;

(h) in paragraph 20M—

(i) in sub-paragraph (4)(i), after “carer’s allowance” insert “or carer support payment,”;

(ii) in sub-paragraph (4)(ii), after “an allowance” insert “or payment”.

(10) In paragraph 7(1) of Schedule 6 (sums to be disregarded in calculation of earnings), after “carer’s allowance”, in the first place it occurs, insert “or carer support payment”.

(11) In paragraph 2(1) of Schedule 6A (sums to be disregarded in calculation of earnings of members of joint-claim couples), after “carer’s allowance”, in the first place it occurs, insert “or carer support payment”.

(12) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings), after paragraph 82 insert—

“83.   Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Benefits Act.”.

(1)

S.I. 1996/207; relevant amending instruments are S.I. 1996/1516, 1996/2538, 2000/681, 2000/1978, 2000/2545, 2002/490, 2002/2020, 2002/2380, 2003/511, 2003/2279, 2005/2687, 2007/719, 2008/698, 2008/1554, 2009/583, 2010/1160, 2013/388, 2013/591, 2015/1754, 2021/786, 2021/886 and 2022/177.

(2)

S.S.I. 2023/302.