The Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Regulations 2020

Made: 1st April 2020

Laid before the Scottish Parliament: 2nd April 2020

Coming into force: 3rd April 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 70(8) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Carer's Allowance (Coronavirus) (Breaks in Care) (Scotland) Regulations 2020 and come into force on 3 April 2020.

• (2) In these Regulations—

• “carer's allowance” means the allowance paid under section 70 of the Social Security Contributions and Benefits Act 1992 (invalid care allowance) ,

• “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),

• “isolation” in relation to a person means separation of that person from any other person in such manner as to prevent infection or contamination with coronavirus, and

• “severely disabled person” has the meaning given in section 70(2) of the Social Security Contributions and Benefits Act 1992 .

Entitlement to carer's allowance while unable to care as a result of coronavirus

2

• (1) This regulation applies where a person in receipt of carer's allowance (“A”) is temporarily unable to care for the severely disabled person (“B”) in respect of whom the carer's allowance is paid by reason of isolation due to, or infection with, coronavirus of either A or B.

• (2) Regulation 4(2) of the Social Security (Invalid Care Allowance) Regulations 1976 (circumstances in which persons are or are not to be treated as engaged or regularly and substantially engaged in caring for severely disabled persons) is to be read as if the words from “and” at the end of sub-paragraph (a) to the end of sub-paragraph (b) were omitted.

Expiry

3

Regulation 2 ceases to have effect on 31 August 2021 at 2359 hours.

Signed

SHIRLEY-ANNE SOMERVILLE — A member of the Scottish Government — 2020-04-01

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c.4. The function of prescribing the circumstances in which a person is or is not to be treated as engaged, or regularly and substantially engaged, in caring for a severely disabled person, for the purpose of section 70(8) of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”), transferred to the Scottish Ministers on the commencement of section 81 of the Social Security (Scotland) Act 2018 (asp 9), dealing with carer’s allowance supplement. The transfer is in terms of regulation 4 of S.I. 2017/444, which causes section 53(1) and (2) of the Scotland Act 1998 (c.46) to have effect in relation to pre-commencement enactments, within the meaning of section 32 of the Scotland Act 2016 (c.11) as read with section 22(2) of that Act, relating to carer’s benefits, upon commencement of a provision which relies on the exception in relation to carer’s benefits in Section F1 of Part 2 of schedule 5 of the Scotland Act 1998. Section 81 of the Social Security (Scotland) Act 2018 was commenced on 3 September 2018 by regulation 2 of S.S.I. 2018/250. Accordingly, responsibility for the exercise of the functions exercisable by the Secretary of State in relation to carer’s allowance has transferred to the Scottish Ministers as regards provision of carer’s allowance to people residing in Scotland. The prescribing of circumstances in which a person is to be treated as regularly and substantially engaged in caring for a severely disabled person falls within that responsibility. The requirement to consult the Social Security Advisory Committee in section 172 of the 1992 Act does not apply to the Scottish Ministers by virtue of section 33 of the Scotland Act 2016. An amendment was made to section 175(1) of the 1992 Act which is not relevant to these Regulations.

[^f00002]: Section 70 was amended by S.I. 1994/2556, S.I. 2002/1457, S.I. 2011/2426, S.I. 2013/388, S.I. 2013/796 and S.I. 2015/1754.

[^f00003]: Section 70(2) was amended by S.I. 2013/388 and S.I. 2013/796.

[^f00004]: S.I. 1976/409.

Editorial notes

[^c24048581]: 1992 c.4. The function of prescribing the circumstances in which a person is or is not to be treated as engaged, or regularly and substantially engaged, in caring for a severely disabled person, for the purpose of section 70(8) of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”), transferred to the Scottish Ministers on the commencement of section 81 of the Social Security (Scotland) Act 2018 (asp 9), dealing with carer's allowance supplement. The transfer is in terms of regulation 4 of S.I. 2017/444, which causes section 53(1) and (2) of the Scotland Act 1998 (c.46) to have effect in relation to pre-commencement enactments, within the meaning of section 32 of the Scotland Act 2016 (c.11) as read with section 22(2) of that Act, relating to carer's benefits, upon commencement of a provision which relies on the exception in relation to carer's benefits in Section F1 of Part 2 of schedule 5 of the Scotland Act 1998. Section 81 of the Social Security (Scotland) Act 2018 was commenced on 3 September 2018 by regulation 2 of S.S.I. 2018/250. Accordingly, responsibility for the exercise of the functions exercisable by the Secretary of State in relation to carer's allowance has transferred to the Scottish Ministers as regards provision of carer's allowance to people residing in Scotland. The prescribing of circumstances in which a person is to be treated as regularly and substantially engaged in caring for a severely disabled person falls within that responsibility. The requirement to consult the Social Security Advisory Committee in section 172 of the 1992 Act does not apply to the Scottish Ministers by virtue of section 33 of the Scotland Act 2016. An amendment was made to section 175(1) of the 1992 Act which is not relevant to these Regulations.

[^c24048591]: Section 70 was amended by S.I. 1994/2556, S.I. 2002/1457, S.I. 2011/2426, S.I. 2013/388, S.I. 2013/796 and S.I. 2015/1754.

[^c24048601]: Section 70(2) was amended by S.I. 2013/388 and S.I. 2013/796.

[^c24048611]: S.I. 1976/409.

[^key-21e280e2056388be46ce143045664d59]: Reg. 1 in force at 3.4.2020, see reg. 1(1)

[^key-0c113d129ed14c3b9c61a51cb2a289ce]: Reg. 2 in force at 3.4.2020, see reg. 1(1)

[^key-2f36a54c04bbd494c844129cd53b8f43]: Reg. 3 in force at 3.4.2020, see reg. 1(1)

[^key-26421c899ec9bf54d7676ed83e0f3348]: Reg. 4 inserted (3.12.2020) by The Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/350), regs. 1(1), 2(3)

[^key-588f2b97c1b0a07208cdf5903b5705f0]: Words in reg. 3 substituted (3.12.2020) by The Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/350), regs. 1(1), 2(2)

[^key-6f743282736a39f36b693ced41a056e1]: Words in reg. 3 substituted (12.5.2021) by The Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/140), regs. 1(1), 2(2)

[^key-a79011e1147728324492e17dc4893ea8]: Words in reg. 4 substituted (12.5.2021) by The Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/140), regs. 1(1), 2(3)

Continued disregard of breaks in care related to coronavirus

4

• (1) This regulation applies where a person who is in receipt of carer’s allowance (“A”) on or after 1 September 2021 temporarily ceases to care for the severely disabled person (“B”) in respect of whom the carer’s allowance is paid.

• (2) For the purposes of regulation 4(2)(b) of the Social Security (Invalid Care Allowance) Regulations 1976, there is to be disregarded any week in which A did not meet the requirements of regulation 4(1) of those Regulations in respect of care for B where—

• (a) the break in A’s care for B occurred between 3 April 2020 and 1 September 2021, and

• (b) the break in care arose because of isolation due to, or infection with, coronavirus of either A or B.