The Regulatory Reform (Carer’s Allowance) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order is made under section 1 of the Regulatory Reform Act 2001. It makes a number of reforms to section 70 of the Social Security Contributions and Benefits Act 1992 (“the Act”), which provides for an allowance (“invalid care allowance”) for those caring for severely disabled people.

Article 2 provides that the name of the allowance be changed to “carer’s allowance”, and brings into force the Schedule to this Order which makes consequential changes to the Act and other legislation.

Article 3(1) provides that a carer may continue to receive an allowance for a specified period after the death of the severely disabled person for whom he has been caring.

Article 3(2) repeals section 70(5) and (6) of the Act which, respectively, restricted the circumstances in which a person may be entitled to the allowance, and enabled provision to be made for such a person to continue to be entitled to the allowance despite his not satisfying all of the conditions of entitlement.

Article 4 preserves entitlement to an allowance in the case of any person over the age of 65 who is entitled to it immediately before this Order comes into force.