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

Amendment of the State Pension Credit Regulations (Northern Ireland) 2003

38.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(1) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation), after the definition of “board and lodging accommodation” 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 6(5)(b) (amount of the guarantee credit), after “receipt of an allowance under section 70 of the Contributions and Benefits Act (carer’s allowance)” insert “or carer support payment”.

(4) In regulation 15 (income for the purposes of the Act), after paragraph (4)(f) insert—

“(g) regulation 16(2) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.”.

(5) In regulation 18(1CA) (notional income), after “1979” insert “or regulation 16(2) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023”.

(6) In Schedule 1 (circumstances in which persons are treated as being or not being severely disabled)—

(a) in paragraph 1—

(i) in sub-paragraph (1)(a)(iii) after “(carer’s allowance)” insert “or carer support payment”;

(ii) in sub-paragraph (1)(b)—

(aa) after “and either a person is entitled to, and in receipt of, an allowance under section 70 of the Contributions and Benefits Act” insert “or carer support payment”;

(bb) after “in respect of caring for one only of the partners or, as the case may be, no person is entitled to, and in receipt of, such an allowance under section 70” insert “or carer support payment”;

(iii) in sub-paragraph (1)(c)(iv) after “no person is entitled to and in receipt of an allowance under section 70 of the Contributions and Benefits Act” insert “or carer support payment”;

(iv) in sub-paragraph (2)(c) after “as not being in receipt of an allowance under section 70 of the Contributions and Benefits Act” insert “or carer support payment”;

(b) in paragraph 4—

(i) in sub-paragraph (2) after “an allowance under section 70 of the Contributions and Benefits Act (carer’s allowance)” insert “or carer support payment”;

(ii) in sub-paragraph (3) after “allowance”, in both places it occurs, insert “or payment”;

(iii) in sub-paragraph (4) after “allowance”, in each place it occurs, insert “or payment”;

(c) in paragraph 5 after “allowance under section 70 of the Contributions and Benefits Act” insert “or carer support payment”.

(7) In paragraph 1(10)(d) of Schedule 3 (special groups), after “allowance under section 70 of the Contributions and Benefits Act” insert “or carer support payment”.

(8) In Schedule 4 (amounts to be disregarded in the calculation of income other than earnings), after paragraph 18 add—

“19.   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 Contributions and Benefits Act.”.

(1)

S.R. 2003 No. 28; relevant amending instruments are S.R. 2005 No. 424, S.R. 2007 No. 154, S.R. 2016 No. 236, S.R. 2021 No. 396 and S.R. 2023 No. 150.