2020 No. 117
Social Security

The Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Regulations 2020

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 70(8) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921 and all other powers enabling them to do so.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Regulations 2020 and come into force on 3 April 2020.

(2)

In these Regulations—

“carer’s allowance” means the allowance paid under section 70 of the Social Security Contributions and Benefits Act 1992 (invalid care allowance)2,

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),

“isolation” in relation to a person means separation of that person from any other person in such manner as to prevent infection or contamination with coronavirus, and

“severely disabled person” has the meaning given in section 70(2) of the Social Security Contributions and Benefits Act 19923.

Entitlement to carer’s allowance while unable to care as a result of coronavirus2.

(1)

This regulation applies where a person in receipt of carer’s allowance (“A”) is temporarily unable to care for the severely disabled person (“B”) in respect of whom the carer’s allowance is paid by reason of isolation due to, or infection with, coronavirus of either A or B.

(2)

Regulation 4(2) of the Social Security (Invalid Care Allowance) Regulations 1976 (circumstances in which persons are or are not to be treated as engaged or regularly and substantially engaged in caring for severely disabled persons)4 is to be read as if the words from “and” at the end of sub-paragraph (a) to the end of sub-paragraph (b) were omitted.

Expiry3.

Regulation 2 ceases to have effect at the end of the period of 8 months beginning with the day on which that regulation comes into force.

SHIRLEY-ANNE SOMERVILLE
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make a temporary adjustment to entitlement to carer’s allowance. The effect of regulation 2 is to allow carers to retain their entitlement to carer’s allowance if they have a temporary break in caring as a result of isolation due to, or infection or contamination with, coronavirus of either the carer or the person cared for. The normal requirement to have provided care over a certain number of weeks in order to continue to qualify for carer’s allowance during a break in care will not apply. Regulation 3 provides that regulation 2 will cease to have effect 8 months after that regulation comes into force.