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

PART 4 England and Wales and Scotland

Amendment of the Social Security Contributions and Benefits Act 1992

4.—(1) The Social Security Contributions and Benefits Act 1992 is amended as follows.

(2) In section 150 (interpretation of Part 10)(1)—

(a) after subsection (1)(e), insert—

“(ea) carer support payment;”;

(b) in subsection (2), after the definition of “attendance allowance”, insert—

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

Amendment of the State Pension Credit Act 2002

5.—(1) The State Pension Credit Act 2002(2) is amended as follows.

(2) In section 2(8) (guarantee credit)(3)—

(a) in paragraph (a), after “Contributions and Benefits Act”, insert “or carer support payment”;

(b) in paragraph (b), after “an allowance”, insert “or payment”.

(3) In section 17(1) (other interpretation provisions), after the definition of “capital”, insert—

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

Amendment of the Social Security Act 1998

6.—(1) The Social Security Act 1998(4) is amended as follows.

(2) In Schedule 2 (decisions against which no appeal lies)(5)—

(a) in the heading to paragraph 3, after “carer’s allowance” insert “, carer support payment and the carer element of universal credit”;

(b) for paragraph 3 substitute—

“3.   A decision as to whether a person has entitlement under section 70(7ZA), (7ZC) or (7ZE) of the Contributions and Benefits Act.”.

(1)

Section 150 was amended by S.I. 2002/1457; there are other amending instruments but none is relevant.

(2)

2002 c. 16.

(3)

Section 2(8)(b) is amended by paragraph 140 of Schedule 24 to the Civil Partnership Act 2004. Section 2(8)(a) and (b) is substituted by section 74(2) of the Welfare Reform Act 2012 (c. 5). Section 74(2) has not been commenced and will come into force on such day as the Secretary of State appoints by statutory instrument made under section 150(3) of the Welfare Reform Act 2012 (c. 5).

(4)

1998 c. 14.

(5)

Paragraph 3 of Schedule 2 was amended by S.I. 2002/1457.