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The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023
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- Scottish Statutory Instruments
- 2023 No. 302
- PART 7
- Regulation 40
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The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, Section 40 is up to date with all changes known to be in force on or before 10 October 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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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 6(6)(b)(iii)(gg) and word inserted by S.S.I. 2024/141 reg. 13(3)(b)
- reg. 6(6)(b)(iii)(ee) word omitted by S.S.I. 2024/141 reg. 13(3)(a)
- reg. 6(7)(da) inserted by S.S.I. 2024/141 reg. 13(3)(c)
- reg. 23(4)(c)(i)(cc) and word inserted by S.S.I. 2024/141 reg. 13(4)(b)
- reg. 23(4)(c)(i)(aa) word omitted by S.S.I. 2024/141 reg. 13(4)(a)
Temporary break in care S
This section has no associated Policy Notes
40.—(1) An award week in respect of which an individual fails to satisfy the requirement of regulation 5(2) (provision of care to a cared for person) is to be treated as an award week in respect of which that individual satisfies that requirement if—
(a)that individual has only temporarily ceased to satisfy it, and
(b)that individual has satisfied it for at least 14 weeks in the period of 26 weeks ending with that award week and would have satisfied it for at least 22 weeks in that period but for the fact that—
(i)that individual was undergoing medical or other treatment as an in-patient in a hospital or similar institution, or
(ii)the cared for person was undergoing medical or other treatment as an in-patient in a hospital or similar institution.
(2) Regulation 14 (earnings limit) does not apply to an individual in respect of an award week mentioned in paragraph (1).
[F1(3) Paragraph (1) applies to an individual who fails to satisfy the requirement of regulation 5(2) because they are in legal detention, provided the individual satisfies the requirements of this regulation.]
Textual Amendments
F1Reg. 40(3) inserted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(7)
Commencement Information
I1Reg. 40 in force at 19.11.2023, see reg. 1(2)
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