The Income Support (General) Regulations 1987

Changes over time for: Paragraph 4

Version Superseded: 26/07/2021

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Point in time view as at 06/04/2015. This version of this provision has been superseded.

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The Income Support (General) Regulations 1987, Paragraph 4 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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[F1Persons caring for another personE+W+S

4. A person (the carer)—

(a)who is regularly and substantially engaged in caring for another person if—

(i)the person being cared for is in receipt of attendance allowance F2... [F3[F4, armed forces independence payment, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act] or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act]; or

(ii)the person being cared for has claimed attendance allowance F5... but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

[F6(iia)the person being cared for has claimed attendance allowance in accordance with section 65(6)(a) of the Contributions and Benefits Act (claims in advance of entitlement), an award has been made in respect of that claim under section 65(6)(b) of that Act and, where the period for which the award is payable has begun, that person is in receipt of the allowance;] [F7or]

(iii)the person being cared for has claimed entitlement to a disability living allowance [F8, armed forces independence payment] [F9or personal independence payment] but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

[F10(iiia)the person being cared for has claimed entitlement to the care component of a disability living allowance in accordance with, regulation 13A of the Social Security (Claims and Payments) Regulations 1987 (advance claims and awards), an award at the highest or middle rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the allowance][F11; or

(iv)the person being cared for has claimed entitlement to the daily living component of personal independence payment in accordance with regulation 33 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (advance claim for and award of personal independence payment), an award at the standard or enhanced rate has been made in respect of that claim and, where the period for which the award is payable has begun, that person is in receipt of the payment;]

(b)who is engaged in caring for another person and [F12who is both entitled to, and in receipt of,] [F13a carer’s allowance] [F14 or would be in receipt of that allowance but for the application of a restriction under section [F156B or] 7 of the Social Security Fraud Act 2001 (loss of benefit provisions)].]