Transitional provision – extinguishment of right to apply for Carer’s Allowance S

9.—(1) No person may claim carer’s allowance under section 70 of the Social Security Contributions and Benefits Act 1992(1) who—

[F1(a)during the initial period for applications for carer support payment—

(i)in phase 1 is resident in the local authority area of Perthshire and Kinross, City of Dundee or Western Isles,

(ii)in phase 2 is resident in the local authority area of Perthshire and Kinross, City of Dundee, Western Isles, Angus, North Lanarkshire or South Lanarkshire,

(iii)in phase 3 is resident in the local authority area of Perthshire and Kinross, City of Dundee, Western Isles, Angus, North Lanarkshire, South Lanarkshire, Fife, City of Aberdeen, Aberdeenshire, Moray, North Ayrshire, East Ayrshire or South Ayrshire, or]

(b)after the expiry of the initial period for applications—

(i)is resident in Scotland, or

(ii)is a person to whom regulation 6(3) (residence and presence conditions), regulation 8 (serving members of His Majesty’s forces, civil servants and their family members) or regulation 11 (persons residing outside the United Kingdom to whom a relevant EU regulation applies) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 applies.

(2) In this regulation—

“carer support payment” means carer’s assistance payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023(2),

“carer’s allowance” means assistance payable under the Social Security Contributions and Benefits Act 1992, and

“initial period for applications” means the period referred to in regulation 46 (transitory provision – initial period for applications) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, beginning with 19 November 2023 and ending with [F23 November 2024, and references to phases of that period are to be construed in accordance with regulation 46(3) of those Regulations].

Textual Amendments

Commencement Information

I1Reg. 9 in force at 19.11.2023, see reg. 1