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12.—(1) Regulation 7 (manner of electing the person entitled to a carer’s allowance in respect of a severely disabled person where, but for section 70(7) of the Contributions and Benefits Act, more than one person would be entitled to an invalid care allowance in respect of that severely disabled person) of the Social Security (Invalid Care Allowance) Regulations 1976(1) is amended as follows.
(2) In paragraph (1)—
(a)for “be entitled for the same day to a carer’s allowance” substitute “have a relevant entitlement for the same day”;
(b)for “shall be entitled” substitute “shall have that entitlement”;
(c)for “be entitled to a carer’s allowance” substitute “have a relevant entitlement”; and
(d)for “to be entitled” substitute “to have that entitlement”.
(3) In paragraph (2)—
(a)for “entitlement to carer’s allowance” substitute “a relevant entitlement”; and
(b)for “a carer’s allowance” substitute “a carer’s allowance or the carer element of universal credit”.
(4) After paragraph (2) insert—
“(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.”.
S.I. 1976/409; relevant amending instruments are S.I. 1996/2744 and 2002/2497.
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