The Social Security (Invalid Care Allowance) Regulations 1976

Changes over time for: Section 7

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Point in time view as at 19/11/2023.

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[F1manner of electing the person entitled to carer’s allowance in respect of a severely disabled person where more than one person would be entitled][F2manner of electing the person entitled to a carer’s allowance in respect of a severely disabled person for the purposes of section 70 of the Contributions and Benefits Act]

7.—(1) For the purposes of the provision in [F3[F4section 70(7ZA)] of the Contributions and Benefits Act] which provides that where, apart from that section, two or more persons would [F5have a relevant entitlement for the same day] in respect of the same severely disabled person one of them only [F6shall have that entitlement], being such one of them as they may jointly elect in the prescribed manner, an election shall be made by giving the Secretary of State a notice in writing signed by the persons who but for the said provision would [F7have a relevant entitlement] in respect of the same severely disabled person specifying one of them as the person [F8to have that entitlement].

[F9(1A) For the purposes of section 70(7ZC) of the Contributions and Benefits Act which provides that where, apart from that section, one person (A) would have an entitlement mentioned in subsection (7ZB) and another person (B) would have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person, A and B may jointly elect in the prescribed manner which of them shall have such entitlement, an election shall be made by giving the Scottish Ministers a notice in writing signed by both A and B specifying that B shall have entitlement to carer’s allowance and A shall not have an entitlement mentioned in subsection (7ZB).

(1B) For the purposes of section 70(7ZE) of the Contributions and Benefits Act which provides that where, apart from that section, one person (A) has, or would have an entitlement to universal credit carer element and another person (B) would have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person, A and B may jointly elect in the prescribed manner which of them shall have such entitlement, an election shall be made by giving the Scottish Ministers a notice in writing signed by both A and B specifying that B shall have an entitlement to carer’s allowance and A shall not have entitlement to universal credit carer element.]

[F10(1C) For the purposes of section 70(7ZB) and (7ZC) of the Contributions and Benefits Act, which provides that where, apart from those subsections, one person (A) would have an entitlement mentioned in subsection (7ZB) and another person (B) would have a relevant entitlement for the same day in respect of the same severely disabled person, persons A and B may jointly elect in the prescribed manner that B shall have the relevant entitlement and that A shall not have an entitlement mentioned in subsection (7ZB), an election shall be made by giving the Secretary of State a notice in writing signed by both A and B specifying that B shall have the relevant entitlement and A shall not have an entitlement mentioned in subsection (7ZB).]

(2) An election under [F11paragraphs (1), (1A) or (1B)][F12paragraph (1) or (1C] of this regulation shall not be effective to confer [F13a relevant entitlement] either for the day on which the election is made or for any earlier day if such day is one for which [F14a carer’s allowance [F15, carer support payment] or the carer element of universal credit] has been paid in respect of the severely disabled person in question and has not been repaid or recovered.

[F16(3) In paragraph (2) “the carer element of universal credit” means an amount included in an award of universal credit in respect of the fact that a person has regular and substantial caring responsibilities for a severely disabled person.]

[F17(4) In paragraph (2), “carer support payment” means a payment made under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.]

[F18(5) In paragraph (2), “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.]

Textual Amendments

F1Reg. 7 heading substituted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(a) (with reg. 9)

F2Reg. 7 heading substituted (E.W.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 2(2)

F3Words in reg. 7 substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(6)

F4Words in reg. 7(1) substituted (E.W.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 2(3); (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(b) (with reg. 9)

F5Words in reg. 7(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(2)(a)

F6Words in reg. 7(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(2)(b)

F7Words in reg. 7(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(2)(c)

F8Words in reg. 7(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 12(2)(d)

F9Reg. 7(1A)(1B) inserted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(c) (with reg. 9)

F10Reg. 7(1C) inserted (E.W.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 2(4)

F11Words in reg. 7(2) substituted (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(d)(i) (with reg. 9)