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

1. Introductory Text

2. PART 1 Introductory and interpretation

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 Carer Support Payment

   1. 3. Overview

4. PART 3 Eligibility

   1. 4. Age criteria

   2. 5. Provision of care to a cared for person

   3. 6. Residence and presence conditions

   4. 7. Temporary absence from the common travel area

   5. 8. Serving members of His Majesty’s forces, civil servants and their family members

   6. 9. Aircraft workers, mariners and continental shelf operations

   7. 10. Persons residing in the United Kingdom to whom a relevant EU regulation applies

   8. 11. Persons residing outside the United Kingdom to whom a relevant EU regulation applies

   9. 12. Entitlement to other benefits

   10. 13. Individuals in education

   11. 14. Earnings limit

5. PART 4 Making of applications and payments and duration of eligibility

   1. 15. Making payments

   2. 16. Amount and form of Carer Support Payment

   3. 17. Abatement in respect of a relevant benefit

   4. 18. When an application is to be treated as made and beginning of entitlement to assistance

   5. 19. Applications made within 13 weeks of a qualifying disability benefit decision

   6. 20. Entitlement beginning before the commencement of these Regulations

   7. 21. Amount and form of Carer Support Payment where payments are backdated

   8. 22. Time of payment

   9. 23. Temporary stop in entitlement

   10. 24. Multiple applications involving the same cared for person

   11. 25. Continuing eligibility

   12. 26. Form of payment – giving Carer Support Payment by way of deduction

   13. 27. When a decrease in amount or cessation of entitlement takes effect

   14. 28. When an increase in amount of entitlement takes effect

6. PART 5 Suspensions

   1. 29. Circumstances in which assistance may be suspended

   2. 30. Having regard to financial circumstances

   3. 31. Information to be given following suspension

   4. 32. Right to review suspension

   5. 33. Ending a suspension

   6. 34. Effect of suspension ending

7. PART 6 Re-consideration of entitlement to Carer Support Payment: determination without application

   1. 35. Consideration of entitlement after specified period

   2. 36. Determination following change of circumstances etc.

   3. 37. Determination following official error - underpayments

   4. 38. Determination following error – overpayments

   5. 39. Determination to effect a deduction decision

8. PART 7 Breaks in care

   1. 40. Temporary break in care

9. PART 8 Movement of individuals between Scotland and the rest of the United Kingdom

   1. 41. Individuals in respect of whom Carer’s Allowance is paid in another part of the United Kingdom immediately before moving to Scotland

   2. 42. Individuals in respect of whom Carer Support Payment is paid at the time of moving to another part of the United Kingdom

10. PART 9 Periods in respect of a re-determination request

    1. 43. Periods in respect of a re-determination request

11. PART 10 Transfer from Carer’s Allowance to Carer Support Payment

    1. 44. Transfer from Carer’s Allowance to Carer Support Payment

12. PART 11 Initial period for applications

    1. 45. Initial period for applications

13. PART 12 Transitory provision

    1. 46. Transitory provision – initial period for applications

    2. 47. Exclusion to transitory provision

14. PART 13 Consequential amendments

    1. 48. Consequential amendments

15. Signature

16. 1. SCHEDULE 1

       1. PART 1 Initial period for applications

          1. 1. Initial period for applications

          2. 2. Local authority areas for initial period for applications

       2. PART 2 Transfer to Carer Support Payment

          1. 3. Interpretation

          2. 4. Notice of intention to transfer to Carer Support Payment

          3. 5. Determination without application of entitlement to Carer Support Payment

          4. 6. Date of cessation of Carer’s Allowance

          5. 7. Modification of these regulations: transferring individuals

          6. 8. Appointees

       3. PART 3 Consequential amendments

          1. 9. Amendment of the 2018 Act

          2. 10. Amendment of the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020

          3. 11. Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019

    2. SCHEDULE 2

       Calculation of earnings

       1. 1. Interpretation

       2. 2. Calculation of earnings

       3. 3. Notional earnings

       4. 4. Rounding of fractions

       5. 5. Calculation of earnings of employed earners

       6. 6. Date on which earnings are treated as paid

       7. 7. Calculation of weekly amount of earnings

       8. 8. Earnings of employed earners

       9. 9. Calculation of net earnings of employed earners

       10. 10. Calculation of earnings of self-employed earners

       11. 11. Earnings of self-employed earners

       12. 12. Calculation of net profit of self-employed earners

       13. 13. Deduction of tax and contributions for self-employed earners

       14. 14. Sums to be disregarded in the calculation of earnings and profits

       15. 15. Care charges to be deducted in the calculation of earnings

17. Explanatory Note