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

Amendment of the Employment and Support Allowance Regulations 2013

25.—(1) The Employment and Support Allowance Regulations 2013(1) are amended as follows.

(2) In regulation 2 (interpretation), after the definition of “carer’s allowance” insert—

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

(3) In regulation 9(2)(a) (relaxation of the first contribution condition), after “carer’s allowance” insert “or carer support payment”.

(4) In regulation 47 (claimants subject to no work-related requirements)—

(a) in paragraph (1)(a), after “carer’s allowance” insert “or have entitlement to carer support payment”;

(b) in paragraph (2), for sub-paragraphs (a) and (b) substitute—

“(a) satisfies the conditions for entitlement to a carer’s allowance, or would do so but for the fact that—

(i) their earnings have exceeded the limit prescribed for the purposes of that allowance; or

(ii) they are—

(aa) resident, or treated as resident, in Scotland; or

(bb) resident outside of Great Britain and have a genuine and sufficient link to Scotland; or

(b) is entitled to carer support payment.”;

(c) in paragraph (5), after the definition of “severely disabled” insert—

““sufficient” has the meaning given in paragraph 3 of Schedule 1 to the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

(5) In regulation 85(2)(a) (waiting days), after “carer’s allowance,” insert “carer support payment,”.

(6) In regulation 100(b) (modification in the calculation of income), after “carer’s allowance” insert “, carer support payment”.

(1)

S.I. 2013/379, amended by S.I. 2017/422; there are other amending instruments but none is relevant.