The Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019

Conditions relating to residence

8.—(1) Subject to paragraphs (2) and (3), to qualify for a young carer grant the applicant must, on the day their application is made for that assistance, be—

(a) habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, the European Economic Area or Switzerland, and

(b) ordinarily resident in Scotland.

(2) Paragraph (1)(a) does not apply to the following persons (if they meet the condition in paragraph (1)(b) of being ordinarily resident in Scotland)—

(a) a refugee within the definition in Article 1 of the Convention relating to the status of refugees done at Geneva on 28 July 1951, as extended by article 1(2) of the Protocol relating to the status of refugees done at New York on 31 January 1967,

(b) a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971(1), where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom,

(ii) leave to remain under the destitution domestic violence concession, or

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005(2),

(c) a person who has humanitarian protection granted under the rules made under section 3(2) of the Immigration Act 1971, or

(d) a person who—

(i) is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999(3), and

(ii) is in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

(3) An applicant who is not ordinarily resident in the United Kingdom does not need to meet the condition in paragraph (1)(b) (and therefore is entitled to a young carer grant) if they—

(a) have previously been properly paid a young carer grant,

(b) have since the day of their application for the young carer grant that was properly paid, or the later of two such grants, left the United Kingdom to become ordinarily resident in the European Economic Area or Switzerland and remain ordinarily resident there,

(c) apply for a further young carer grant, and

(d) meet the other conditions prescribed in these Regulations.

(1)

1971 c.77.

(2)

S.I. 2005/1379.

(3)

1999 c.33.