Part III Non-Contributory Benefits
F9Carer’s allowance
E170F9Carer’s allowance.
1
A person shall be entitled to F3a carer’s allowance for any day on which he is engaged in caring for a severely disabled person if—
a
he is regularly and substantially engaged in caring for that person;
b
he is not gainfully employed; and
c
the severely disabled person is either such relative of his as may be prescribed or a person of any such other description as may be prescribed.
F11A
A person who was entitled to an allowance under this section immediately before the death of the severely disabled person referred to in subsection (1) shall continue to be entitled to it, even though he is no longer engaged in caring for a severely disabled person (and the requirements of subsection (1)(a) and (c) are not satisfied), until—
a
the end of the week in which he ceases to satisfy any other requirement as to entitlement to the allowance; or
b
the expiry of the period of eight weeks beginning with the Sunday following the death (or beginning with the date of death if the death occurred on Sunday),
whichever occurs first.
2
In this section, “severely disabled person” means a person in respect of whom there is payable either an attendance allowance or a disability living allowance by virtue of entitlement to the care component at the highest or middle rate F6or personal independence payment by virtue of entitlement to the daily living component at the standard or enhanced rateF11or F14adult disability payment by virtue of entitlement to the daily living component at the standard or enhanced rate or child disability payment by virtue of entitlement to the care component at the middle or highest rateF7or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517)F12or F13adult disability payment by virtue of entitlement to the daily living component at the standard or enhanced rate or child disability payment by virtue of entitlement to the care component at the middle or highest rate or such other payment out of public funds on account of his need for attendance as may be prescribed.
3
A person shall not be entitled to an allowance under this section if he is under the age of 16 or receiving full-time education.
4
A person shall not be entitled to an allowance under this section unless he satisfies prescribed conditions as to residence or presence in Great Britain.
F54A
A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to an allowance under this section for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.
F25
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F26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F297
No person shall be entitled for the same day to—
a
more than one allowance under this section; or
b
both an allowance under this section and carer support payment.
7ZA
Where, apart from this subsection, two or more persons would have a relevant entitlement for the same day in respect of the same severely disabled person, one of them only shall have that entitlement and that shall be such one of them—
a
as they may jointly elect in the prescribed manner; or
b
as may, in default of such an election, be determined by the Secretary of State in the Secretary of State’s discretion.
C27ZB
Subsection (7ZC) applies where a person (A)—
a
(disregarding the effect of regulation 5(3) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023) has, or would have, an entitlement to carer support payment; or
b
has, or would have, an entitlement to carer’s allowance in respect of which the Scottish Ministers have the power to make decisions,
for a day in respect of a severely disabled person.
C27ZC
Another person (B) shall not have a relevant entitlement for the same day in respect of the same severely disabled person unless—
a
A and B jointly elect in the prescribed manner that B shall have the relevant entitlement (and that A shall not have an entitlement mentioned in subsection (7ZB)) for that day in respect of that severely disabled person; or
b
in default of such an election, the Secretary of State is satisfied, following consultation with the Scottish Ministers, that—
i
the Scottish Ministers have decided, or will decide, that A shall not have an entitlement mentioned in subsection (7ZB); and
ii
B shall have the relevant entitlement,
for that day in respect of that severely disabled person.
F107A
For the purposes of F30subsections (7ZA) and (7ZC) a person has a “relevant entitlement” if—
a
the person is entitled to a carer’s allowance F31in respect of which the Secretary of State has the power to make decisions , or
b
the person is entitled under section 12 of the Welfare Reform Act 2012 to the inclusion in an award of universal credit of an amount in respect of the fact that the person has regular and substantial caring responsibilities for a severely disabled person.
F327B
In subsections (7) and (7ZB), “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
8
Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a severely disabled person, as gainfully employed or as receiving full-time education.
9
F4A carer’s allowance shall be payable at the weekly rate specified in Schedule 4, Part III, paragraph 4.
F810
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E270F15Carer’s allowance.
1
A person shall be entitled to F16a carer’s allowance for any day on which he is engaged in caring for a severely disabled person if—
a
he is regularly and substantially engaged in caring for that person;
b
he is not gainfully employed; and
c
the severely disabled person is either such relative of his as may be prescribed or a person of any such other description as may be prescribed.
F171A
A person who was entitled to an allowance under this section immediately before the death of the severely disabled person referred to in subsection (1) shall continue to be entitled to it, even though he is no longer engaged in caring for a severely disabled person (and the requirements of subsection (1)(a) and (c) are not satisfied), until—
a
the end of the week in which he ceases to satisfy any other requirement as to entitlement to the allowance; or
b
the expiry of the period of eight weeks beginning with the Sunday following the death (or beginning with the date of death if the death occurred on Sunday),
whichever occurs first.
2
In this section, “severely disabled person” means a person in respect of whom there is payable either an attendance allowance or a disability living allowance by virtue of entitlement to the care component at the highest or middle rate F18or personal independence payment by virtue of entitlement to the daily living component at the standard or enhanced rateF19or F20adult disability payment by virtue of entitlement to the daily living component at the standard or enhanced rate or child disability payment by virtue of entitlement to the care component at the middle or highest rateF21or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517)F22or F23adult disability payment by virtue of entitlement to the daily living component at the standard or enhanced rate or child disability payment by virtue of entitlement to the care component at the middle or highest rate or such other payment out of public funds on account of his need for attendance as may be prescribed.
3
A person shall not be entitled to an allowance under this section if he is under the age of 16 or receiving full-time education.
4
A person shall not be entitled to an allowance under this section unless he satisfies prescribed conditions as to residence or presence in Great Britain.
F244A
A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to an allowance under this section for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.
F275
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F276
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F337
No person shall be entitled for the same day to—
a
more than one allowance under this section; or
b
both an allowance under this section and carer support payment.
7ZA
Where, apart from this subsection, two or more persons would have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person, one of them only shall have that entitlement and that shall be such one of them—
a
as they may jointly elect in the prescribed manner; or
b
as may, in default of such an election, be determined by the Scottish Ministers.
7ZB
Subsection (7ZC) applies where a person (A)—
a
(disregarding the effect of regulation 5(3) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023) has, or would have, an entitlement to carer support payment; or
b
has, or would have, an entitlement to carer’s allowance in respect of which the Secretary of State has the power to make decisions,
for a day in respect of a severely disabled person.
7ZC
Another person (B) shall not have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person unless—
a
A and B jointly elect in the prescribed manner that B shall have an entitlement to carer’s allowance (and that A shall not have an entitlement mentioned in subsection (7ZB)) for that day in respect of that severely disabled person; or
b
in default of such an election, the Scottish Ministers are satisfied—
i
that either—
aa
A shall not have an entitlement mentioned in subsection (7ZB)(a); or
bb
the Secretary of State has decided, or will decide, that A shall not have an entitlement mentioned in subsection (7ZB)(b); and
ii
that B shall have an entitlement to carer’s allowance,
for that day in respect of that severely disabled person.
7ZD
Subsection (7ZE) applies where (but for regulation 29 of the Universal Credit Regulations 2013 preventing entitlement by different persons to the carer element and to carer’s allowance) a person (A) has, or would have, an entitlement to universal credit carer element for a day in respect of a severely disabled person.
7ZE
Another person (B) shall not have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person unless—
a
A and B jointly elect in the prescribed manner that B shall have an entitlement to carer’s allowance (and that A shall not have an entitlement to universal credit carer element) for that day in respect of that severely disabled person; or
b
in default of such an election, the Scottish Ministers are satisfied that—
i
the Secretary of State has decided, or will decide, that A shall not have an entitlement to universal credit carer element; and
ii
B shall have an entitlement to carer’s allowance,
for that day in respect of that severely disabled person.
F34F257A
For the purposes of subsections (7ZD) and (7ZE), “universal credit carer element” means the inclusion in an award of universal credit of an amount in respect of the fact that the person has regular and substantial caring responsibilities for a severely disabled person under section 12 of the Welfare Reform Act 2012.
F357B
In subsections (7) and (7ZB), “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
8
Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a severely disabled person, as gainfully employed or as receiving full-time education.
9
F26A carer’s allowance shall be payable at the weekly rate specified in Schedule 4, Part III, paragraph 4.
F2810
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Words in s. 70 (and cross-heading) substituted (1.9.2002 for specified purposes, 1.4.2003 in so far as not already in force) by virtue of The Regulatory Reform (Carers Allowance) Order 2002 (S.I. 2002/1457), art. 1(1)(b), 2(1)