10.—(1) With regard to carer premium the condition referred to in paragraph 5 is that the applicant or the applicant's partner is, or both of them are, entitled to a carer's allowance [F1or carer support payment].
(2) Where a carer premium has been awarded but—
(a)the person in respect of whose care the carer's allowance [F2or carer support payment] was awarded dies; or
(b)the person in respect of whom the premium was awarded ceases to be entitled, or ceases to be treated as entitled, to a carer's allowance [F3or carer support payment] ,
the condition for the award of the premium must be treated as satisfied for a period of 8 weeks from the relevant date specified in sub-paragraph (3).
(3) The relevant date for the purposes of sub-paragraph (2) is—
(a)where sub-paragraph (2)(a) applies, the Sunday following the death of the person in respect of whose care the carer's allowance [F4or carer support payment] was awarded (or beginning with the date of death if the date occurred on a Sunday); and
(b)in any other case, the date on which the person who was entitled to a carer's allowance [F5or carer support payment] ceases to be entitled to it.
(4) For the purposes of this paragraph, a person is to be treated as being entitled to and in receipt of a carer's allowance [F6or carer support payment] for any period not covered by an award but in respect of which a payment is made in lieu of an award.
Textual Amendments
F1Words in sch. 1 para. 10(1) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 6(3)(g)(i) (with reg. 9)
F2Words in sch. 1 para. 10(2)(a) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 6(3)(g)(ii) (with reg. 9)
F3Words in sch. 1 para. 10(2)(b) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 6(3)(g)(iii) (with reg. 9)
F4Words in sch. 1 para. 10(3)(a) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 6(3)(g)(iv) (with reg. 9)