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

Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

2.—(1) Regulation 7 of the Social Security (Invalid Care Allowance) Regulations 1976 (manner of electing the person entitled to a carer's allowance in respect of a severely disabled person where, but for section 70(7) of the Contributions and Benefits Act, more than one person would be entitled to a carer's allowance in respect of that severely disabled person)(1) is amended as follows.

(2) For the heading of regulation 7, substitute “manner 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 Act”.

(3) In paragraph (1), for “section 70(7)” substitute “section 70(7ZA)”.

(4) After paragraph (1), insert—

“(1C) 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).”.

(5) In paragraph (2)—

(a) for “paragraph (1)” substitute “paragraph (1) or (1C)”;

(b) after “a carer’s allowance” insert “, carer support payment”.

(6) After paragraph (3), insert—

“(5) In paragraph (2), “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023(2).”.

(7) The manner of election specified in regulation 7(1C), as inserted by paragraph (4) above, is to be regarded as being “the prescribed manner” within the meaning of section 70(7ZC)(a) of the Social Security Contributions and Benefits Act 1992.

(1)

S.I. 1976/409; relevant amending instruments are S.I. 1996/2744, 2002/2497 and 2015/1754.

(2)

S.S.I. 2023/302.