PART IGENERAL
Citation and commencement1
These regulations may be cited as the Social Security (Invalid Care Allowance) Regulations 1976 and shall come into operation on 12th April 1976.
Interpretation2
F121
In these Regulations, “the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992 .
2
Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace, it with or without modification.
3
The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.
F68Disapplication of section 1(1A) of the Administration Act2A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—
F77a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
to any claim for F78carer’s allowance made or treated as made before 9th February 1998;
c
to an adult dependant in respect of whom a claim for an increase of F78carer’s allowance is made or treated as made before 5th October 1998.
F76d
to an adult dependant who—
i
is a person in respect of whom a claim for an increase of carer’s allowance is made;
ii
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999; and
iii
has not previously been allocated a national insurance number.
PART IIMISCELLANEOUS PROVISIONS RELATING TO F2CARER'S ALLOWANCE
Prescribed payments out of public funds which constitute the persons in respect of whom they are payable as severely disabled persons3
1
For the purposes of F41section 70 of the Contributions and Benefits Act (F45carer’s allowance) the prescribed payments out of public funds which constitute the persons in respect of whom they are payable as severely disabled persons are—
a
a payment under F35section 104 of the Contributions and Benefits Act (increase of disablement pension where constant attendance needed);
b
a payment such as is referred to in section 7(3)(b) of the Industrial Injuries and Diseases (Old Cases) Act 1975 (increase of an allowance under that Act where the person in respect of whom that allowance is payable requires constant attendance as a result of his disablement);
c
a payment under regulation 44 of the Social Security (Industrial Injuries) (Benefit) Regulations 19752 in respect of the need of constant attendance;
d
a payment by way of an allowance in respect of constant attendance on account of disablement for which a person is in receipt of a war disablement pension,
being a payment the weekly rate of which is not less than the amount specified in F19paragraph 2(a) of Part V of Schedule 4 to the Contributions and Benefits Act.
2
For the purposes of paragraph (1)(d) of this regulation “war disablement pension” means —
a
retired pay, pension or allowance granted in respect of disablement under powers conferred by or under the Ministry of Pensions Act 1916 the Air Force (Constitution) Act 1917, the Personal Injuries (Emergency Provisions) Act 1939, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the Polish Resettlement Act 1947, the Home Guard Act 1951 or the Ulster Defence Regiment Act 1969;
b
any retired pay or pension to which section 365(1) of the Income and Corporation Taxes Act 1970 applies, not being retired pay, pension or allowance to which sub-paragraph (a) of this paragraph applies; or
c
any payment which the Secretary of State has certified can be accepted as being analogous to any such retired pay, pension or allowance as is referred to in sub-paragraph (a) or (b) of this paragraph.
Circumstances in which persons are or are not to be treated as engaged or regularly and substantially engaged in caring for severely disabled persons4
1
F30Subject to paragraph (1A) of this regulation, a person shall be treated as engaged and as regularly and substantially engaged in caring for a severely disabled person on every day in a week if, and shall not be treated as engaged or regularly and substantially engaged in caring for a severely disabled person on any day in a week unless, as at that week he is, or is likely to be, engaged and regularly engaged for at least 35 hours a week in caring for that severely disabled person.
F461A
A person who is caring for two or more severely disabled persons in a week shall be treated as engaged and regularly and substantially engaged in caring for a severely disabled person only where he is engaged and regularly engaged for at least 35 hours in that week in caring for any one severely disabled person, considered without reference to any other severely disabled person for whom he is caring.
2
A week in respect of which a person fails to satisfy the requirements of paragraph (1) of this regulation shall be treated as a week in respect of which that person satisfies those requirements if he establishes—
a
that he has only temporarily ceased to
satisfy them; F38 and
C1b
that (disregarding the provisions of
this sub-paragraph) he has satisfied them for at least 14 weeks in the period
of 26 weeks ending with that week and would have satisfied them for at least
22 weeks in that period but for the fact that either he or the severely disabled
person for whom he has been caring was undergoing medical or other treatment
as an in-patient in a hospital or similar institution.
Circumstances in which persons are to be regarded as receiving full-time educationF225
1
For the purposes of F66section 70(3) of the Contributions and Benefits Act, a person shall be treated as receiving full-time education for any period during which he attends a course of education at a university, college, school or other educational establishment for twenty-one hours or more a week.
2
In calculating the hours of attendance under paragraph (1) of this regulation–
a
there shall be included the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course; and
b
there shall be excluded any time occupied by meal breaks or spent on unsuper-vised study, whether undertaken on or off the premises of the educational establishment.
3
In determining the duration of a period of full-time education under paragraph (1) of this regulation, a person who has started on a course of education shall be treated as attending it for the usual number of hours per week throughout any vacation or any temporary interruption of his attendance until the end of the course or such earlier date as he abandons it or is dismissed from it.
F15Severely disabled persons prescribed for the purposes of F5section 70(1)(c) of the Contributions and Benefits Act6
For the purposes of F44section 70(1)(c) of the Contributions and Benefits Act (condition of entitlement to F64a carer’s allowance that the severely disabled person is either such relative of the person caring for him as may be prescribed or a person of any such other description as may be prescribed) where a severely disabled person is being cared for by another person, that disabled person shall be a prescribed person for the purposes of that section, whether he is related to the person caring for him or not.
F91manner of electing the person entitled to carer’s allowance in respect of a severely disabled person where more than one person would be entitledF92manner of electing the person entitled to a carer’s allowance in respect of a severely disabled person for the purposes of section 70 of the Contributions and Benefits Act7
1
For the purposes of the provision in F72F94section 70(7ZA) of the Contributions and Benefits Act which provides that where, apart from that section, two or more persons would F67have a relevant entitlement for the same day in respect of the same severely disabled person one of them only F33shall have that entitlement, being such one of them as they may jointly elect in the prescribed manner, an election shall be made by giving the Secretary of State a notice in writing signed by the persons who but for the said provision would F16have a relevant entitlement in respect of the same severely disabled person specifying one of them as the person F1to have that entitlement.
F851A
For the purposes of section 70(7ZC) of the Contributions and Benefits Act which provides that where, apart from that section, one person (A) would have an entitlement mentioned in subsection (7ZB) and another person (B) would have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person, A and B may jointly elect in the prescribed manner which of them shall have such entitlement, an election shall be made by giving the Scottish Ministers a notice in writing signed by both A and B specifying that B shall have entitlement to carer’s allowance and A shall not have an entitlement mentioned in subsection (7ZB).
1B
For the purposes of section 70(7ZE) of the Contributions and Benefits Act which provides that where, apart from that section, one person (A) has, or would have an entitlement to universal credit carer element and another person (B) would have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person, A and B may jointly elect in the prescribed manner which of them shall have such entitlement, an election shall be made by giving the Scottish Ministers a notice in writing signed by both A and B specifying that B shall have an entitlement to carer’s allowance and A shall not have entitlement to universal credit carer element.
F861C
For the purposes of section 70(7ZB) and (7ZC) of the Contributions and Benefits Act, which provides that where, apart from those subsections, one person (A) would have an entitlement mentioned in subsection (7ZB) and another person (B) would have a relevant entitlement for the same day in respect of the same severely disabled person, persons A and B may 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), an election shall be made by giving the Secretary of State a notice in writing signed by both A and B specifying that B shall have the relevant entitlement and A shall not have an entitlement mentioned in subsection (7ZB).
2
An election under F89paragraphs (1), (1A) or (1B)F90paragraph (1) or (1C of this regulation shall not be effective to confer F23a relevant entitlement either for the day on which the election is made or for any earlier day if such day is one for which F10a carer’s allowance F93, carer support payment or the carer element of universal credit has been paid in respect of the severely disabled person in question and has not been repaid or recovered.
F93
In paragraph (2) “the carer element of universal credit” means an amount included in an award of universal credit in respect of the fact that a person has regular and substantial caring responsibilities for a severely disabled person.
F874
In paragraph (2), “carer support payment” means a payment made under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
F885
In paragraph (2), “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
Circumstances in which a person is or is not to be treated as gainfully employed8
1
For the purposes of F34section 70(1)(b) of the Contributions and Benefits Act (condition of a person being entitled to F53a carer’s allowance for any day that he is not gainfully employed) a person shall not be treated as gainfully employed on any day in a week unless his earnings in the immediately preceding week have exceeded F97£151 and, subject to paragraph (2) of this regulation, shall be treated as gainfully employed on every day in a week if his earnings in the immediately preceding week have exceeded F97£151.
2
There shall be disregarded for the purposes of paragraph (1) above a person's earnings—
a
for any week which under paragraph (2) of regulation 4 of these regulations is treated as a week in which that person satisfies the requirements of paragraph (1) of that regulation; F11...
F58b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conditions relating to residence and presence in Great Britain9
1
Subject to the following provisions of this regulation F28and regulations F579A, 9B and 9C, the prescribed conditions for the purposes of F14section 70(4) of the Contributions and Benefits Act (person not to be entitled to F4a carer’s allowance unless he satisfies prescribed conditions as to residence or presence in Great Britain) in relation to any person in respect of any day shall be—
a
F71ia
he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to F4a carer’s allowance by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and
b
that he is present in Great Britain; and
F321A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
For the purposes of paragraph (1)(b) and (c) of this regulation, a person who is absent from Great Britain on any day shall be treated as being present in Great Britain—
a
if his absence is, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 4 weeks; or
F49b
if his absence is temporary and for the specific purpose of caring for the severely disabled person who is also absent from Great Britain and where any of the following is payable in respect of that disabled person for that day—
i
attendance allowance;
ii
the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act;
iii
the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the Welfare Reform Act 2012; F18...
F54iiia
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; F95or
iv
a payment specified in regulation 3(1) of these Regulations.
F96v
the care component of child disability payment at the middle or highest rate in accordance with regulation 11 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, or
vi
the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022
F313
Notwithstanding that on any day a person is absent from Great Britain, he shall be treated as though he were—
a
habitually resident and present in Great Britain for the purposes of paragraphs (1)(a) to (c) if—
i
his absence is by reason only of the fact that on that day he is abroad in his capacity as a serving member of the forces and for this purpose “serving member of the forces” has the meaning given in regulation 1(2) of the Social Security (Contributions) Regulations 2001 (“the 2001 Regulations”); or
ii
he is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person; and
b
present in Great Britain for the purposes of paragraph (1)(b) and (c) if his absence is by reason only of the fact that on that day he is—
i
abroad in his capacity as an airman within the meaning of regulation 111 of the 2001 Regulations or a mariner within the meaning of regulation 115 of those Regulations; or
ii
in prescribed employment in connection with continental shelf operations within the meaning of regulation 114(1) of those Regulations.
F56Persons residing in Great Britain to whom a relevant EU Regulation applies9A
1
Regulation 9(1)(c) shall not apply where on any day—
a
the person is habitually resident in Great Britain;
b
a relevant EU Regulation applies; and
c
the person can demonstrate a genuine and sufficient link to the United Kingdom social security system.
2
For the purposes of paragraph (1)(b) and regulation 9B, “relevant EU Regulation” has the meaning given by section 84(2) of the Welfare Reform Act 2012.
F56Persons residing in an EEA state F40... or in Switzerland to whom a relevant EU Regulation applies9B
Regulation 9(1)(a) to (c) shall not apply where on any day—
b
a relevant EU Regulation applies; and
c
the person can demonstrate a genuine and sufficient link to the United Kingdom social security system.
F20F36Refugees and certain persons with leave to enter and remain in the United Kingdom9C
1
Regulation 9(1)(c) shall not apply where the person has—
a
been granted refugee status or humanitarian protection under the immigration rules; F60...
b
leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.
F39c
leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—
i
the Afghan Relocations and Assistance Policy, or
ii
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),
d
been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c), F21...
f
F62leave to enter or remain in the United Kingdom granted under or outside the immigration rules F50, a rightF79a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 F69or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,F80, or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act where the person—
i
was residing in Ukraine immediately before 1st January 2022; and
g
leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—
i
was residing in Sudan before 15th April 2023; and
ii
left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across SudanF84, or
h
leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—
i
was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and
ii
left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack
F701A
Regulation 9(1)(a) shall not apply where F24any sub-paragraph in paragraph (1) applies to the person.
F292
For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.
F292
For the purposes of this regulation—
a
“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,
b
“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.
Circumstances in which a person over pensionable age is to be treated as having been entitled to invalid care allowance immediately before attaining that ageF4310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F74Women aged 65 before 28th October 199410A
A woman shall be entitled to F63a carer’s allowance if—
a
she attained the age of 65 before 28th October 1994;
b
immediately before attaining the age of 65 she would have satisfied the requirements for entitlement to F63a carer’s allowance, whether or not she made a claim, but for the condition, which applied prior to 28th October 1994, in section 70(5) of the Contributions and Benefits Act(exclusion of persons who had attained pensionable age and had not been entitled to that allowance immediately before attaining that age); and
Invalid care allowance for persons over retiring ageF811
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59Men aged 65 before 28th October 199411A
A man who—
a
attained the age of 65 before 28th October 1994; and
b
was entitled to F48a carer’s allowance immediately before he attained that age,
shall be entitled to that allowance notwithstanding that, after he attained that age, he was not caring for a severely disabled person or no longer satisfied the requirements of section 70(1)(a) or (b) of the Contributions and Benefits Act, if he satisfies the other requirements for entitlement to that allowance.
Increase of invalid care allowance for child dependantsF7512
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Increase of invalid care allowance for adult dependantsF7313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of F51the Social Security (General Benefit) Regulations 1982 to F65carer’s allowance14
The provisions of F37the Social Security (General Benefit) Regulations 198210, specified in column (1) of Schedule 1 to these regulations, the subject matter of which is described in column (2) of that Schedule, shall, with any necessary modifications, apply to F65carer’s allowance as they apply to F37incapacity benefit.
PART IIICONSEQUENTIAL AMENDMENTS OF REGULATIONS
Amendment of the Social (Overlapping Benefits) Regulations 1975F5215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of Part VI of the Social Security (Determination of Claims and Questions) Regulations 1975F4716
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Social Security (Claims and Payments) Regulations 1975F2717
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the National Insurance (Graduated Retirement Benefit and Consequential Provisions) Regulations 1961F2518
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Social Security (Credits) Regulations 197519
The Social Security (Credits) Regulations 197519 shall be amended by the insertion of the following regulation after regulation 7:—
Credits for invalid care allowance7A
1
For the purposes of entitlement to any benefit by virtue of a person's contributions he shall, subject to paragraph (2), be entitled to a Class I credit in respect of each week for any part of which an invalid care allowance is paid to him, or in the case of a widow, would have been so payable but for the provisions of the Social Security (Overlapping Benefits) Regulations 1975, as amended by the Social Security (Invalid Care Allowance) Regulations 1976, requiring adjustment of an invalid care allowance against widow's benefit or benefit by virtue of section 39(4) corresponding to a widowed mother's allowance or a widow's pension.
2
Paragraph (1) shall not apply—
a
to a person in respect of any week where he is entitled to a Class 1 credit under regulation 9 in respect of the same week; or
b
to a woman in respect of any week in any part of which she was a married woman in respect of whom an election made by her under regulations made under section 130(2) had effect.
Amendment of the Social Security Benefit (Persons Abroad) Regulations 197520
In the Social Security Benefit (Persons Abroad) Regulations 197520, after regulation 10A, added to those regulations by regulation 10 of the Mobility Allowance Regulations 197521, there shall be added the following regulation:—
Modification of the Act in relation to invalid care allowance10B
A person shall not be disqualified for receiving an invalid care allowance by reason of being absent from Great Britain.
Amendment of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974F621
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in Pt. II heading substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1, Sch. 2 para. 1, 2