The Carer's Assistance (Young Carer Grants) (Scotland) Regulations 2019

Making of applications S

4.—(1) A person is entitled to a young carer grant if, on the day their application for that assistance is made, they are aged at least 16 and are under the age of 19.

(2) In a non-leap year, the birthday of a person born on 29 February is to be taken to be 28 February.

[F1 (3) An application is to be treated as made—

(a) in a case where paragraph (7) applies, on the day after the end of the 13 week period to which the application relates,

(b) in any other case, on the day it is received by the Scottish Ministers.]

(4) In a case where, by virtue of a regulation 11, a determination is to be, or has been, made without an application, references in these Regulations to the day the application is made are to be read in accordance with paragraph (3) of that regulation.

(5) For the avoidance of doubt, a thing that purports to be an application is not an application unless it is—

(a) made in the form, and

(b) accompanied by the evidence,

required by the Scottish Ministers under section 38(1) of the Social Security (Scotland) Act 2018.

(6) For the purposes of determining assistance, the period of an application is the period of 13 weeks ending with the day before the day of the application for a grant and an application in respect of any other period of 13 weeks is to be regarded as an application for a different period, despite any overlap between the two periods.

[F2 (7) This paragraph applies where—

(a) an application for a young carer grant is made on or after the day on which the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020 came into force,

(b) the application relates to a period of 13 weeks beginning after [F3 22 July 2019] and ending before the day mentioned in sub-paragraph (a), and

(c) it appears to the Scottish Ministers that the applicant would be likely to have been entitled to a young carer grant on making an application on the day after the end of that 13 week period were it not for the requirement in regulation 8(3)(a) of these Regulations to have previously been properly paid a young carer grant, as it had effect immediately before the date on which the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020 came into force.]

Textual Amendments

F1 Reg. 4(3) substituted (24.12.2020) by The Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020 (S.S.I. 2020/475), regs. 1, 11(2)(a)

F2 Reg. 4(7) inserted (24.12.2020) by The Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020 (S.S.I. 2020/475), regs. 1, 11(2)(b)

F3 Words in reg. 4(7)(b) substituted (1.4.2021) by The Social Security (Up-rating) (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/170), regs. 1(1), 3(2)

Commencement Information

I1 Reg. 4 in force at 21.10.2019, see reg. 1