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Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision under section 28 of the Social Security (Scotland) Act 2018 for payments to be made to help young persons who care for disabled persons.

Part 1 is formal and contains commencement and interpretation provisions.

Regulations 3 and 4 provide that applications are required and make provision in respect of the age limits for applicants.

Regulations 5 to 7 set out entitlement rules. These are based on the amount of care provided over a 13 week period, the activity involved, the persons to whom care is provided and rules relating to receipt of social security assistance and immigration status. Regulation 8 describes residence requirements.

Regulation 9 prescribes periods for making requests for redetermination of decisions on applications and for responding to those requests.

Regulation 10 describes what is to happen where applications are made by more than one person.

Regulation 11 prescribes a situation in which the Scottish Ministers are required to determine, without receiving an application, that a person is entitled to a young carer grant. This is to be done where a person being cared for receives a backdated award of a social security benefit, that would have altered a previous determination had the award been made before that determination was made, where certain conditions are met.

Regulation 12 sets out the amount of a young carer grant that is to be given to persons who qualify for the grant.