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

Amendment to the Universal Credit Regulations (Northern Ireland) 2016

51.—(1) The Universal Credit Regulations (Northern Ireland) 2016(1) are amended as follows.

(2) In regulation 2(1) (interpretation) after the definition of “carer element” 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 30(1) (award to include the carer element)—

(a) for “section 70(7)” substitute “section 70”;

(b) after “carer’s allowance” insert “or carer support payment”.

(4) In regulation 31 (meaning of “regular and substantial caring responsibilities for a severely disabled person”)—

(a) for paragraph (1) substitute—

“(1) For the purposes of Part 2 of the Order and these Regulations, a person has regular and substantial caring responsibilities if—

(a) they satisfy 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 Northern Ireland and have a genuine and sufficient link to Scotland; or

(b) they are entitled to carer support payment.”;

(b) in paragraph (2), for “paragraph (1)” substitute “paragraph (1)(a)”;

(c) after paragraph (3) insert—

“(4) For the purposes of paragraph (1), “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 66 (what is included in unearned income?) after paragraph (1)(b)(iii) insert—

“(iiia) carer support payment but only up to a maximum of the amount a claimant would receive if they had an entitlement to carer’s allowance,”.

(6) In regulation 83(1) (exceptions - entitlement or receipt of certain benefits) after sub-paragraph (j) insert—

“(ja) a claimant, or a qualifying young person for whom a claimant is responsible, is entitled to carer support payment;”.

(7) In regulation 88(1)(b) (claimants subject to no work-related requirements) after “carer’s allowance” insert “or carer support payment”.

(8) After paragraph 15(2)(g) of Schedule 4 (no deduction for housing cost contributions in respect of certain non-dependants) insert—

“(ga) in receipt of carer support payment;”.

(1)

S.R. 2016 No. 216.