Circumstances in which persons are or are not to be treated as engaged or regularly and substantially engaged in caring for severely disabled persons
4.—(1) [F1Subject 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.
[F2(1A) A 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.]
(2) A 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—
(a)that he has only temporarily ceased to satisfy them; [F3 and
(b)that (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.]
Textual Amendments
F1Words 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)
F2Reg. 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)
F3Words 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)
Modifications etc. (not altering text)
C1Reg. 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))