The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023

Amendment of the Housing Benefit Regulations 2006

17.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “care home” insert—

““carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

(3) After regulation 75F(1)(h) (exception to the benefit cap: receipt of specified benefit) insert—

“(ha) the claimant, the claimant's partner, or a young person for whom the claimant or the claimant's partner is responsible, is entitled to carer support payment;”.

(4) In Schedule 3 (applicable amounts)—

(a) in paragraph 7—

(i) at the end of sub-paragraph (1)(a) omit “and”;

(ii) at the end of sub-paragraph (1)(b) insert “and”;

(iii) after sub-paragraph (1)(b) insert—

“(c) in the case of carer support payment, any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.”;

(iv) in sub-paragraph (2)—

(aa) after “carer’s allowance by virtue of sub-paragraph (1)(a)” insert “or carer support payment by virtue of sub-paragraph (1)(c)”;

(bb) after “the allowance” insert “or payment”;

(b) in paragraph 14—

(i) in sub-paragraph (2)(a)(iii), after “carer's allowance under section 70 of the Act” insert “or carer support payment”;

(ii) in the words after sub-paragraph (2)(b)(iii)—

(aa) after “carer’s allowance” insert “or carer support payment”;

(bb) after “such an allowance” insert “or payment”;

(iii) in sub-paragraph (5)(b), after “carer’s allowance” insert “or carer support payment”;

(iv) in sub-paragraph (6), after “carer’s allowance” insert “, carer support payment”;

(c) in paragraph 17—

(i) in sub-paragraph (1), after “carer's allowance under section 70 of the Act” insert “or carer support payment”;

(ii) in sub-paragraph (2), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”;

(iii) in sub-paragraph (3)—

(aa) after “carer’s allowance”, in both places it occurs, insert “or carer support payment”;

(bb) after “that allowance” insert “or payment”;

(iv) in sub-paragraph (4)—

(aa) after “carer’s allowance”, in each place it occurs, insert “or carer support payment”;

(bb) after “that allowance”, in both places it occurs, insert “or payment”;

(d) in paragraph 20—

(i) in sub-paragraph (6)(b)(i), after “carer’s allowance” insert “or carer support payment”;

(ii) in sub-paragraph (6)(b)(ii), after “such an allowance” insert “, such a payment”.

(5) In paragraph 5(1) of Schedule 4 (sums to be disregarded in the calculation of earnings), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”.

(6) In Schedule 5 (sums to be disregarded in the calculation of income), after paragraph 73 insert—

“74.   Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.”.

(1)

S.I. 2006/213; relevant amending instruments are S.I. 2007/719, 2009/583, 2011/2581, 2012/2994, 2013/388, 2013/591, 2015/1754, 2016/909, 2018/228, 2021/786, 2021/886 and 2022/177.