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

[^f00082]: S.I. 1999/991, amended by S.I. 1999/1623, S.I. 1999/1662, S.I. 1999/2750, S.I. 1999/2677, S.I. 2000/897, S.I. 2002/428, S.I. 2002/1379, S.I. 2002/1703, S.I. 2003/916, S.I. 2003/1050, S.I. 2003/1886, S.I. 2005/337, S.I. 2005/2677, S.I. 2006/832, S.I. 2007/2470, S.I. 2007/2582, S.I. 2008/1554, S.I. 2008/2667, S.I. 2008/2683, S.I. 2009/659, S.I. 2009/1490, S.I. 2010/424, S.I. 2010/840, S.I. 2010/1160, S.I. 2011/2425, S.I. 2012/824, S.I. 2012/913, S.I. 2012/919, S.I. 2012/2568, S.I. 2012/2575, S.I. 2013/2380, S.I. 2014/1097, S.I. 2015/339, S.I. 2015/1985, S.I. 2016/1145, S.I. 2017/422, S.I. 2017/1015, S.I. 2021/786, S.I. 2022/177 and S.I. 2022/1329.

[^f00083]: 1998 c. 14. Section 12 was amended by schedules 7 and 10 of the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c. 2), sections 102 and 105 of the Welfare Reform Act 2012 (c. 5), S.I. 2008/2833 and S.I. 2014/886.

[^f00084]: S.I. 1998/1506 (N.I. 10), amended by S.I. 1999/671, S.I. 2014/886 and S.I. 2015/2006 (N.I. 1).

[^f00085]: S.I. 1998/1506 (N.I. 10), amended by S.I. 1999/671, S.I. 2014/886 and S.I. 2015/2006 (N.I. 1).

[^f00088]: S.I. 1987/1968, amended by S.I. 1991/2741, S.I. 1999/2572, S.I. 2002/2441, S.I. 2005/337, S.I. 2007/2470, S.I. 2013/458 and S.I. 2021/804.

[^f00089]: S.S.I. 2022/54.

[^f00090]: S.S.I. 2021/174.

[^f00091]: 1992 c. 4.

[^f00092]: S.S.I. 2020/475.

[^f00093]: Section 70 was relevantly amended by S.I. 2002/1457.

[^f00094]: S.S.I. 2019/324, amended by S.S.I. 2020/99 and S.S.I. 2020/475.

[^f00095]: 2007 c. 3, relevantly amended by section 5 of the Finance Act 2008 (c. 9) and schedule 2 of the Finance Act 2009 (c. 10).

[^f00096]: 1996 c. 18. Section 227 was amended by schedule 9 of the Employment Relations Act (c. 26), schedule 7 of the Employment Act 2002 (c. 22), schedule 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and S.I. 2023/318.

[^f00097]: 1993 c. 48. Section 1 was amended by section 239 of the Pensions Act 2004 (c. 35), schedule 27 of the Finance Act 2007 (c. 11) and S.I. 2019/192.

[^f00098]: 2007 c. 3. Section 6A was inserted by schedule 38 of the Finance Act 2014 (c. 26).

[^f00099]: 1998 c. 46.

[^f00100]: 1996 c. 18. Section 227 was amended by schedule 9 of the Employment Relations Act (c. 26), schedule 7 of the Employment Act 2002 (c. 22), schedule 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and S.I. 2023/318.

[^f00101]: 1973 c. 50. Section 2 was amended by section 25 of the Employment Act 1988 (c. 19), section 29 of the Employment Act 1989 (c. 38) and section 47 of the Trade Union Reform and Employment Rights Act 1993 (c. 19).

[^f00102]: 1996 c. 18. Sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).

[^f00103]: Inserted by the Employment Act 2002 (c. 22).

[^f00104]: Inserted by the Employment Act 2002 (c. 22).

[^f00105]: 1990 c. 35. Section 2 was amended by section 47 and schedule 10 of the Trade Union Reform and Employment Rights Act 1993 (c. 19) and schedule 26 of the Equality Act 2010 (c. 15) and S.I. 1999/1820.

[^f00106]: 2007 c. 3.

[^f00108]: 1989 c. 41. Section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c. 23).

[^f00109]: 2014 anaw. 4. Section 81 was amended by S.I. 2017/1025.

[^f00110]: 1995 c. 36. Section 26 was amended by schedule 3 of the Adoption and Children (Scotland) Act 2007 (asp 4) and schedule 1 of the Children and Young Persons Act 2008 (c. 23).

[^f00111]: 2004 c. 21.

[^f00112]: 2005 asp 5. Section 1A was inserted by section 101 of the Police and Fire Reform (Scotland) Act 2012 (asp 8).

[^f00113]: S.I. 2013/379.

[^f00114]: 1988 c. 1.

[^f00115]: 1995 c. 26. Paragraph 1 of schedule 4 was amended by schedule 2 of the State Pension Credit Act 2002 (c. 16), schedule 3 of the Welfare Reform Act 2007 (c. 5), schedule 3 of the Pensions Act 2007 (c. 22), section 1 of the Pensions Act 2011 (c. 19) and schedule 12 of the Pensions Act 2014 (c. 19).

Editorial notes

[^key-143c37532b1281b49d5145e63510ca1a]: Reg. 1 in force at 19.11.2023, see reg. 1(2)

[^key-cf987fa13bfe61c4766cbc1a9dcf87d4]: Reg. 2 in force at 19.11.2023, see reg. 1(2)

[^key-b680642fd5a9a2aeeb83b5b38ea0eb19]: Reg. 3 in force at 19.11.2023, see reg. 1(2)

[^key-8608904d487c1b3fff071cd1f93d1969]: Reg. 4 in force at 19.11.2023, see reg. 1(2)

[^key-0ddcd3c85356a624644a5b8e616c72a3]: Reg. 5 in force at 19.11.2023, see reg. 1(2)

[^key-4d82885c91b58515d4ff0ec8292640d4]: Reg. 6 in force at 19.11.2023, see reg. 1(2)

[^key-335697ff131310b43a23f3bdc63cdcc1]: Reg. 7 in force at 19.11.2023, see reg. 1(2)

[^key-293545abbe74c60e3fc2880771f9a678]: Reg. 8 in force at 19.11.2023, see reg. 1(2)

[^key-7fbe735c3f703652fcd8e90ba1ed90da]: Reg. 9 in force at 19.11.2023, see reg. 1(2)

[^key-5b0549b3b86022a2cadb796da1506bf4]: Reg. 10 in force at 19.11.2023, see reg. 1(2)

[^key-2a465737b281796f8a5057b6cf9f3731]: Reg. 11 in force at 19.11.2023, see reg. 1(2)

[^key-651061168d405da24ed810b4885460e3]: Reg. 12 in force at 19.11.2023, see reg. 1(2)

[^key-fc2888ef2435e3de69283b2cd88cc1b4]: Reg. 13(1)(4) in force at 19.11.2023, see reg. 1(2)

[^key-c35a3f4e9e7451ebfd902d99586ebcc4]: Reg. 13(2)(3) in force at 1.10.2024, see reg. 1(3)

[^key-62d876023acbcc430da9beca79524590]: Reg. 14 in force at 19.11.2023, see reg. 1(2)

[^key-ff90a7079ded7131ea96e63f2e5d54ab]: Reg. 15 in force at 19.11.2023, see reg. 1(2)

[^key-cdc079708ac94a3de011a1cd18eb7460]: Reg. 16 in force at 19.11.2023, see reg. 1(2)

[^key-9036a054cbf22e41f2a905ef41bd39ee]: Reg. 17 in force at 19.11.2023, see reg. 1(2)

[^key-c44a5a42dad031c8eb76b9dd1a1a0f87]: Reg. 18 in force at 19.11.2023, see reg. 1(2)

[^key-b9fbe25d5361f2ba353f69d15b1c6dc9]: Reg. 19 in force at 19.11.2023, see reg. 1(2)

[^key-171162700e831381595ae669600203b4]: Reg. 20 in force at 19.11.2023, see reg. 1(2)

[^key-b9d58ed662c5817b56994665b96deda0]: Reg. 21 in force at 19.11.2023, see reg. 1(2)

[^key-837a975857052338975db3735a3a4535]: Reg. 22 in force at 19.11.2023, see reg. 1(2)

[^key-0af819f128bd336bb97a4121ca5906c7]: Reg. 23 in force at 19.11.2023, see reg. 1(2)

[^key-297c43757bb7e53fe7d02a15638d1b5c]: Reg. 24 in force at 19.11.2023, see reg. 1(2)

[^key-4976dc768d70ec0d663f7b57ae8c8da6]: Reg. 25 in force at 19.11.2023, see reg. 1(2)

[^key-c63feb5be9bb3be53119bfbc18478a8c]: Reg. 26 in force at 19.11.2023, see reg. 1(2)

[^key-993c3e28886c2781241b7eb228b0e46c]: Reg. 27 in force at 19.11.2023, see reg. 1(2)

[^key-10ed6e8164b4909d3107258860862afc]: Reg. 28 in force at 19.11.2023, see reg. 1(2)

[^key-4e2c9527e4e80563defab44214262094]: Reg. 29 in force at 19.11.2023, see reg. 1(2)

[^key-fc0887bcd3f3c198f5ce8a0d393694c2]: Reg. 30 in force at 19.11.2023, see reg. 1(2)

[^key-ff07b9e40a1029b7f85d27862d4b443b]: Reg. 31 in force at 19.11.2023, see reg. 1(2)

[^key-474b7a60d82c34daace308e50f41a9ef]: Reg. 32 in force at 19.11.2023, see reg. 1(2)

[^key-e7e0da730a3cc5e938d556c03b8e8107]: Reg. 33 in force at 19.11.2023, see reg. 1(2)

[^key-51c940264bf4360e7f40336a6ea2a913]: Reg. 34 in force at 19.11.2023, see reg. 1(2)

[^key-a028638bb26dcc4c1d707cc01834d99c]: Reg. 35 in force at 19.11.2023, see reg. 1(2)

[^key-8166cca1ee90a38cec266fed215b1001]: Reg. 36 in force at 19.11.2023, see reg. 1(2)

[^key-387510dae3e00041c0ad1750241c1760]: Reg. 37 in force at 19.11.2023, see reg. 1(2)

[^key-46ae07c15b8c30a29886a391067bc072]: Reg. 38 in force at 19.11.2023, see reg. 1(2)

[^key-0aec2e08785e182254a308b7a5315abd]: Reg. 39 in force at 19.11.2023, see reg. 1(2)

[^key-661f73412d4d0a62d128680c0d7fa043]: Reg. 40 in force at 19.11.2023, see reg. 1(2)

[^key-24317ebc67b3eda8e9d269da768e5313]: Reg. 41 in force at 19.11.2023, see reg. 1(2)

[^key-0c36a5a9b7f2984ac2b346f01bd867b2]: Reg. 42 in force at 19.11.2023, see reg. 1(2)

[^key-e3d92d5101860e48ffc53cc1fdbe3fc0]: Reg. 43 in force at 19.11.2023, see reg. 1(2)

[^key-010e04cda0b279516056c887ac378514]: Reg. 44 in force at 19.11.2023, see reg. 1(2)

[^key-3fdc22be8ddb99ddaa8345c9340b26c0]: Reg. 48 in force at 19.11.2023, see reg. 1(2)

[^key-d95264f27be208c5824fab2d8f1a7d5b]: Sch. 1 para. 3 in force at 19.11.2023, see reg. 1(2)

[^key-f2aad81c02ad4fcf3b6f6f66f061e421]: Sch. 1 para. 4 in force at 19.11.2023, see reg. 1(2)

[^key-50c5a458b01b66126340d50c8eb35076]: Sch. 1 para. 5 in force at 19.11.2023, see reg. 1(2)

[^key-84bb6fbc6520b48bd4fa8f79314c9117]: Sch. 1 para. 6 in force at 19.11.2023, see reg. 1(2)

[^key-71ddee4cb9024e4d1e194b29797cf495]: Sch. 1 para. 7 in force at 19.11.2023, see reg. 1(2)

[^key-0164b4732c53ea2ef9256b98c8063b63]: Sch. 1 para. 8 in force at 19.11.2023, see reg. 1(2)

[^key-e8091fe92eb000991e63fe27bba0986f]: Sch. 1 para. 9 in force at 19.11.2023, see reg. 1(2)

[^key-8a2d77b7d7c011282cad84074ee97922]: Sch. 1 para. 10 in force at 19.11.2023, see reg. 1(2)

[^key-fd6fb32a14fd9591917f4ef6fd5f3791]: Sch. 1 para. 11 in force at 19.11.2023, see reg. 1(2)

[^key-197d2537fc2685fdfaabfff0ba03c564]: Sch. 2 para. 1 in force at 19.11.2023, see reg. 1(2)

[^key-34783a38acb09d264749ed8fae360a6e]: Sch. 2 para. 2 in force at 19.11.2023, see reg. 1(2)

[^key-38fb3c0e26e028570a4fce78f9c1dd1c]: Sch. 2 para. 3 in force at 19.11.2023, see reg. 1(2)

[^key-b30cc300fdb5c8379b70e294e029b9a1]: Sch. 2 para. 4 in force at 19.11.2023, see reg. 1(2)

[^key-67440962932d2a8c330461bdf7ad447b]: Sch. 2 para. 5 in force at 19.11.2023, see reg. 1(2)

[^key-c321f49a05a4c64c3c074e6342f694ef]: Sch. 2 para. 6 in force at 19.11.2023, see reg. 1(2)

[^key-151b364fcf2c46d7671073660bcea76b]: Sch. 2 para. 7 in force at 19.11.2023, see reg. 1(2)

[^key-eeec3130961dedc821943a6b2f0f3743]: Sch. 2 para. 8 in force at 19.11.2023, see reg. 1(2)

[^key-3ed01bd7d378d67f9d4403fafbb8fafe]: Sch. 2 para. 9 in force at 19.11.2023, see reg. 1(2)

[^key-8810d932844ee0333af17d3d10bbc41e]: Sch. 2 para. 10 in force at 19.11.2023, see reg. 1(2)

[^key-2a872140c71d83a50fab14567bc9c26d]: Sch. 2 para. 11 in force at 19.11.2023, see reg. 1(2)

[^key-017631fabc129d0d4499879c3ae4afa2]: Sch. 2 para. 12 in force at 19.11.2023, see reg. 1(2)

[^key-a2a9dc76caa6c4c64b3576fcd8a76aa8]: Sch. 2 para. 13 in force at 19.11.2023, see reg. 1(2)

[^key-b12ab95293ba5e9a74ac0c7f011078b1]: Sch. 2 para. 14 in force at 19.11.2023, see reg. 1(2)

[^key-0b2f90c398360f06b337b932439d82cf]: Sch. 2 para. 15 in force at 19.11.2023, see reg. 1(2)

[^key-7a5daba79fe66cc9e322c9af3042b639]: Word in reg. 6(8)(f) omitted (19.11.2023 immediately after S.S.I. 2023/302 comes into force) by virtue of The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(3), 11(2)(a)

[^key-c39ee59c0834fef285b75efc541bf558]: Reg. 6(8)(h) and word inserted (19.11.2023 immediately after S.S.I. 2023/302 comes into force) by The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(3), 11(2)(b)

[^key-3d65f84caa1710715d1ac40d302260ca]: Reg. 13(2)(3) in force at 23.6.2024, see reg. 1(3) (as amended by S.S.I. 2024/173, regs. 1(2), 2(2))

[^key-a0c6c8e129be29b27ff73d01a47e20e1]: Regs. 18A, 18B inserted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(4)

[^key-4fd9709145c7016918ccc7367029dd8a]: Sch. 1 Pt. 1A inserted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(10)

[^key-33296b36141a6acd0be3f006193b201e]: Words in reg. 1(3) substituted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(2)

[^key-e3683aef3a18d2f40e9475754b104fca]: Reg. 5(6) substituted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(3)

[^key-3b97b03c1bac8f2464bbb89d1fdb1351]: Reg. 27(1)(b) substituted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(5)

[^key-2d770665f5a7dc50be1f67ffaffd05e1]: Reg. 28(1)(b) substituted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(6)

[^key-573dbd9055ad8d9c5a1f6f6730c1a8c8]: Reg. 40(3) inserted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(7)

[^key-e46297cbff325dbdb9af253819fd4d5b]: Word in sch. 2 para. 13(2) substituted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(13)

[^key-4df9cc6428c7772c615d762917094a7b]: Sch. 2 para. 14(d) substituted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(14)(a)

[^key-112d04f31f710c3585e4bd8390f60001]: Words in sch. 2 para. 14(g) substituted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(14)(b)

[^key-6611985c0960e684e6e7bfdc00957f82]: Sch. 2 para. 5(2)(b) formula substituted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(11)

[^key-1534d3022d546e9f812f0184245fe365]: Sch. 2 para. 10(2) formula substituted (23.6.2024) by The Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/173), regs. 1(2), 2(12)

[^key-823dc91244a5ad7531fc9f09c603d970]: Words in reg. 2 inserted (21.10.2024) by The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024 (S.S.I. 2024/141), regs. 1, 13(2)(a) (with reg. 14)

[^key-116e579ca010b76be7c9bbd3df22a50a]: Words in reg. 2 inserted (21.10.2024) by The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024 (S.S.I. 2024/141), regs. 1, 13(2)(b) (with reg. 14)

[^key-2e8ad646b08db04aaddb1bc0dbb886e9]: Word in reg. 6(6)(b)(iii)(ee) omitted (21.10.2024) by virtue of The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024 (S.S.I. 2024/141), regs. 1, 13(3)(a) (with reg. 14)

[^key-741e269a92c36b50b960ca03fdb22cd2]: Reg. 6(6)(b)(iii)(gg) and word inserted (21.10.2024) by The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024 (S.S.I. 2024/141), regs. 1, 13(3)(b) (with reg. 14)

[^key-0872f881c2046ec8417d9c609504871d]: Reg. 6(7)(da) inserted (21.10.2024) by The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024 (S.S.I. 2024/141), regs. 1, 13(3)(c) (with reg. 14)

[^key-ebda68d99c8cbf1ad13380593a00f191]: Reg. 23(4)(c)(i)(cc) and word inserted (21.10.2024) by The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024 (S.S.I. 2024/141), regs. 1, 13(4)(b) (with reg. 14)

[^key-17937c3fb46b7a0ee0854915f60bc7db]: Word in reg. 23(4)(c)(i)(aa) omitted (21.10.2024) by virtue of The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024 (S.S.I. 2024/141), regs. 1, 13(4)(a) (with reg. 14)

[^key-b402964d4517accb0103883d8b4e636a]: Words in reg. 2 inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 20(2)(a)

[^key-fc4241a79135d029e3f9db720d951093]: Words in reg. 2 inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 20(2)(b)

[^key-4301b7beb58ac1d0649d5df0475507a1]: Reg. 6(6)(b)(iii)(hh) inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 20(3)(a)(iii)

[^key-dd7e1b30cfc898290478a55562ba07bb]: Reg. 6(7)(k) inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 20(3)(b)

[^key-4c247ea424788232b637f28db80376fb]: Word in reg. 6(6)(ff) omitted (21.3.2025) by virtue of The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 20(3)(a)(i)

[^key-2bc59fdd79c4d5bf9965b61b6c46223d]: Word in reg. 6(6)(gg) inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 20(3)(a)(ii)

[^key-c28a8589f96c6472e0a2a3870080676b]: Reg. 23(4)(c)(i)(dd) inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 20(4)(c)

[^key-0090c52ed04a8ada28fa58490a15f9d5]: Word in reg. 23(4)(c)(i)(bb) omitted (21.3.2025) by virtue of The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 20(4)(a)

[^key-ab2e4705a1d99593cc46a6ee6455e8b3]: Word in reg. 23(4)(c)(i)(cc) inserted (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 20(4)(b)

[^key-b14d24e2430f8dac2ae4c5fc2e2e396d]: Sum in Reg. 14(1) substituted (6.4.2025) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/100), regs. 1(3), 13(2) (with sch. para. 11)

[^key-a5ae6369d12a8a7dd4a2cbe60801da34]: Sum in Reg. 16(1) substituted (6.4.2025) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/100), regs. 1(3), 13(3) (with sch. para. 11)

[^key-c19af906b2b5830d2f9f5f638ad3dd86]: Words in sch. 2 para. 8(5) inserted (6.4.2025) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/100), regs. 1(3), 13(4)(b) (with sch. para. 11)

[^key-5d16c006a2d3f0e2f4c5ef89c2dc3b9e]: Word in sch. 2 para. 8(1)(j)(ii) omitted (6.4.2025) by virtue of The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/100), regs. 1(3), 13(4)(a)(i) (with sch. para. 11)

[^key-f0f2a9c7ae5a5adde6192ba07c3c6739]: Sch. 2 para. 8(1)(j)(iv) and word inserted (6.4.2025) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/100), regs. 1(3), 13(4)(a)(ii) (with sch. para. 11)

[^key-00432b23fec37c53862cddbffd67cb6a]: Word in reg. 6(8)(g) omitted (11.9.2025) by virtue of The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/250), regs. 1(2), 7(2)(a)

[^key-be9ebe57f7a3a7725481ccd090cb988e]: Reg. 6(8)(i)(j) inserted (11.9.2025) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/250), regs. 1(2), 7(2)(b)

[^key-2c016cd2d4c7df5558fd682a60dbc85d]: Regs. 41A, 41B inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(9)

[^key-477d60575bf3dc140afa5b28be371f39]: Sch. 1 Pt. 1 revoked (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 16(1)(f)

[^key-87cc8d807c2e8218857a567ee340e337]: Sch. 1 Pt. 2 revoked (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 16(1)(g) (with savings in reg. 16(2))

[^key-22f0b53cf4ed8e0a0d590daf37765662]: Words in reg. 2 substituted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(2)

[^key-5d512fe5dd5f9e5d7066e30c0a0d402e]: Word in reg. 10(1)(c)(i)(cc) omitted (6.11.2025) by virtue of The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(3)(a)

[^key-e91bc67fb3ca9c8c5f0edf0a9d2b7ab3]: Reg. 10(1)(c)(i)(ee) and word inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(3)(b)

[^key-ff166bfecf909e4781161080baf6aa3c]: Reg. 11(2)(a)(i)(ee) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(4)(c)

[^key-0bc0666ec77325a6ff9205a4d1a89cd9]: Word in reg. 11(2)(a)(i)(cc) omitted (6.11.2025) by virtue of The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(4)(a)

[^key-ac620525c394dc1396b91ed8f74552ba]: Word in reg. 11(2)(a)(i)(dd) substituted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(4)(b)

[^key-fab8110abd28b3a13a810c5da098d5c8]: Reg. 18(2)(d)(e) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(5)(a)(ii)

[^key-2860f4076c66e1cb7731aad594fe6d3a]: Word in reg. 18(2)(b)(ii) omitted (6.11.2025) by virtue of The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(5)(a)(i)

[^key-0d66ec6eed3da479a1321ead7541ddf5]: Reg. 18(3) substituted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(5)(b)

[^key-e279c862e22077070b735135897c1b32]: Reg. 18(4) substituted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(5)(c)

[^key-b104f77da4768714bd07ff0b9ef098d6]: Reg. 19(2) substituted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(6)

[^key-f8e6b2b6431cb69f3c351f1abb907273]: Word in reg. 23(1)(b) omitted (6.11.2025) by virtue of The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(7)(a)(i)

[^key-b650141eb5f823a62ba28bed208a3609]: Reg. 23(7A) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(7)(b)

[^key-7cd03a3a1e20feb6c5d3579236007e45]: Reg. 23(1)(d)(e) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(7)(a)(ii)

[^key-c5206a9b2db81f47e151ad96d1a640b6]: Reg. 36(f)(g) revoked (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 16(1)(a) (with savings in reg. 16(2)-(4))

[^key-9635042cd1babc33526dec529e1c6f55]: Reg. 41 substituted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(8) (with savings in reg. 16(3)(4))

[^key-b29cb42acf711620e361c3bf50c9e4ec]: Reg. 44 revoked (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 16(1)(b) (with savings in reg. 16(2))

[^key-aa4631a12678597984e5802098cc7a09]: Reg. 45 revoked (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 16(1)(c)

[^key-5fa88ee4a4c14ee4121b687f895f8565]: Reg. 46 revoked (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 16(1)(d)

[^key-6bc82de329ee534ebc3832f85eb02bdf]: Reg. 47 revoked (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 16(1)(e)

[^key-3eb799b7a067dbe52d36d86c0b8836d2]: Words in reg. 5(6) substituted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(7) (with savings in reg. 5(1))

[^key-f1cd22bf872552ba18f9208e46396aa6]: Words in reg. 14(1) substituted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(10) (with savings in reg. 5(1))

[^key-6b624779c6c5b21a96944c89eb159846]: Words in reg. 23(1) substituted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(16)(b) (with savings in reg. 5(1))

[^key-ed8ef2d34b0b44b0d8d04560858e7c9a]: Reg. 27(1)(ab) inserted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(21)(b) (with savings in reg. 5(1))

[^key-f5a4dd16f9b8933e72feea9a4dcd9336]: Reg. 28(1)(ab) inserted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(22)(c) (with savings in reg. 5(1))

[^key-28bc4b842a57d3dfb9020f982dd5371b]: Reg. 36(e)(i) substituted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(24)(d)(i) (with savings in reg. 5(1))

[^key-72c9430bfbad82192f7942b44540c066]: Reg. 36(e)(iii) and word inserted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(24)(d)(iv) (with savings in reg. 5(1))

[^key-52229bf196392ba9d62de5c7698c5b63]: Reg. 42(1A) inserted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(29)(c) (with savings in reg. 5(1))

[^key-f9c477ae074f239effbd93aaa10d9c91]: Words in reg. 42(1) substituted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(29)(b) (with savings in reg. 5(1))

[^key-33c1af590a48be6b2bdf4972633a7c10]: Reg. 42(3) substituted (16.11.2025) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(3), 3(29)(e) (with savings in reg. 5(1))

Entitlement beginning before individual satisfied the residence requirements in regulation 46

18A

• (1) This paragraph applies where an individual—

• (a) is undertaking—

• (i) a course of full-time advanced education,

• (ii) a course of full-time education which is provided by virtue of their employment or any office held by them, or

• (iii) a course of full-time education and has reached the age of 20,

• (b) is exempt from fulfilling the past presence test in regulation 6(1)(e) (residence and presence) by virtue of an exception mentioned in regulation 6(6), or

• (c) would not satisfy the past presence test in regulation 9(1)(c) (residence and presence in Great Britain) of the Social Security (Invalid Care Allowance) Regulations 1976 at any point between 19 November 2023 and the date on which they first satisfied the eligibility criteria prescribed in these regulations (including those prescribed in regulation 46 (transitory provision - initial period for applications), insofar as it applies).

• (2) Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Carer Support Payment, entitlement to assistance is to begin—

• (a) on the first day of the award week in which the application is treated as made in accordance with regulation 18(1) (when an application is to be treated as made and beginning of entitlement to assistance), or

• (b) where the individual has notified the Scottish Ministers that they wish their entitlement to assistance to begin on a date prior to the day on which their application is treated as made, on the first day of the award week in which that chosen date falls, provided that—

• (i) the date chosen by the individual is no earlier than 19 November 2023,

• (ii) the individual’s application is received by the Scottish Ministers—

• (aa) on or before the relevant date, or

• (bb) after the relevant date, provided the Scottish Ministers consider that the individual has good reason for not making their application on or before the relevant date, and

• (iii) the individual satisfied the eligibility requirements set out in Part 3 of these Regulations on that chosen date.

• (3) For the purposes of this regulation—

• “advanced education” has the same meaning as in regulation 13(4),

• “full-time education” has the same meaning as in regulation 13(4),

• “the relevant date” means the date specified paragraph 2A of schedule 1.

Entitlement beginning before individual satisfied the residence requirements in regulation 46 – individuals in education mentioned in regulation 13(2)

18B

• (1) This paragraph applies to any individual—

• (i) who has not reached the age of 20, and

• (ii) to whom regulation 13(2) (individuals in education) applies.

• (2) Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Carer Support Payment, entitlement to assistance is to begin—

• (a) on the first day of the award week in which the application is treated as made in accordance with regulation 18(1) (when an application is to be treated as made and beginning of entitlement to assistance), or

• (b) where the individual has notified the Scottish Ministers that they wish their entitlement to assistance to begin on a date prior to the day on which their application is treated as made, on the first day of the award week in which that chosen date falls, provided that—

• (i) the date chosen by the individual is no earlier than 23 June 2024,

• (ii) the individual’s application is received by the Scottish Ministers—

• (aa) on or before the relevant date, or

• (bb) after the relevant date, provided the Scottish Ministers consider that the individual has good reason for not making their application on or before the relevant date, and

• (iii) the individual satisfied the eligibility requirements set out in Part 3 of these Regulations on that chosen date.

• (3) For the purposes of this regulation—

• “advanced education” has the same meaning as in regulation 13(4),

• “full-time education” has the same meaning as in regulation 13(4),

• “the relevant date” means the date specified in paragraph 2B of schedule 1.

Applications made within 13 weeks of a qualifying disability benefit decision

Entitlement beginning before the commencement of these Regulations

Amount and form of Carer Support Payment where payments are backdated

Time of payment

Temporary stop in entitlement

Multiple applications involving the same cared for person

Continuing eligibility

Form of payment – giving Carer Support Payment by way of deduction

When a decrease in amount or cessation of entitlement takes effect

When an increase in amount of entitlement takes effect

PART1A — Relevant date

2A

For the purposes of regulation 18A (entitlement beginning before individual satisfied residence requirements), the “relevant date” in respect of an individual who is resident in a local authority area listed in column 1 of table 1, is the date specified in the corresponding entry of column 2.

Column 1: local authority area	Column 2: relevant date
Angus, North Lanarkshire or South Lanarkshire,	22 September 2024
Fife, City of Aberdeen, Aberdeenshire, Moray, North Ayrshire, East Ayrshire or South Ayrshire,	17 November 2024
Argyll and Bute, Clackmannanshire, Dumfries and Galloway, East Dunbartonshire, East Lothian, East Renfrewshire, City of Edinburgh, Falkirk, Glasgow City, Highlands, Inverclyde, Midlothian, Orkney Islands, Renfrewshire, Scottish Borders, Shetland Islands, Stirling, West Dunbartonshire or West Lothian	2 February 2025

2B

For the purposes of regulation 18B (entitlement beginning before individual satisfied residence requirements – education), the “relevant date” in respect of an individual who is resident in a local authority area listed in column 1 of table 2, is the date specified in the corresponding entry of column 2.

Column 1: local authority area	Column 2: relevant date
Perthshire and Kinross, City of Dundee, Western Isles, Angus, North Lanarkshire or South Lanarkshire	22 September 2024
Fife, City of Aberdeen, Aberdeenshire, Moray, North Ayrshire, East Ayrshire or South Ayrshire	17 November 2024
Argyll and Bute, Clackmannanshire, Dumfries and Galloway, East Dunbartonshire, East Lothian, East Renfrewshire, City of Edinburgh, Falkirk, Glasgow City, Highlands, Inverclyde, Midlothian, Orkney Islands, Renfrewshire, Scottish Borders, Shetland Islands, Stirling, West Dunbartonshire or West Lothian	2 February 2025

Individuals in respect of whom Carer’s Allowance was paid before 6 November 2025

41A

• (1) This regulation applies where an individual—

• (a) immediately before 6 November 2025—

• (i) was entitled to Carer’s Allowance,

• (ii) either—

• (aa) fell within the definition of a “relevant individual” in terms of regulation 44 and paragraph 3 of schedule 1 as they applied before 6 November 2025, or

• (bb) would have fallen within the definition referred to in sub-head (aa) had the entitlement to Carer’s Allowance referenced in head (i) been established prior to 6 November 2025,

• (b) has not had their entitlement transferred or otherwise become entitled to Carer Support Payment, and

• (c) is not a person to whom regulation 41(1) applies.

• (2) Where, on the basis of an application, a determination is made that an individual to whom paragraph (1) applies is entitled to Carer Support Payment, entitlement to assistance is to begin in accordance with paragraphs (3) to (5).

• (3) Where an application is received by the Scottish Ministers within 26 weeks of the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Carer’s Allowance was not transferred to an entitlement to Carer Support Payment, entitlement to Carer Support Payment begins on the first day of the award week in which the individual’s entitlement to Carer’s Allowance ceased.

• (4) Subject to paragraph (5), where an application is received by the Scottish Ministers more than 26 weeks from the date on which the Scottish Ministers become aware that the individual’s previous entitlement to Carer’s Allowance was not transferred to an entitlement to Carer Support Payment, entitlement to Carer Support Payment begins in accordance with regulation 18(2)(a), (b) or (c).

• (5) Where the Scottish Ministers are satisfied that there is a good reason why an application was made more than 26 weeks after the date described in paragraph (3), they may treat the application as having been made within that period.

• (6) Where entitlement begins in accordance with paragraph (3), for the week in which entitlement begins, “award week” means—

• (a) where the individual cares for a cared for person who is in receipt of Constant Attendance Allowance, a period of 4 days, starting on the Wednesday of that week and ending on the following Saturday, or

• (b) in all other cases, a period of 6 days, starting on the Monday of that week and ending on the following Saturday.

• (7) In this regulation and regulation 41B, references to transfer to Carer Support Payment are to transfer by virtue of regulation 44 and Part 2 of schedule 1 of these Regulations, as they applied before 6 November 2025.

Individuals with entitlement to Carer Support Payment in respect of whom Carer’s Allowance was paid before 6 November 2025

41B

• (1) This paragraph applies where an individual—

• (a) immediately before 6 November 2025—

• (i) was entitled to Carer’s Allowance,

• (ii) either—

• (aa) fell within the definition of a “relevant individual” in terms of regulation 44 and paragraph 3 of schedule 1 as they applied before 6 November 2025, or

• (bb) would have fallen within the definition referred to in sub-head (aa) had the entitlement to Carer’s Allowance referenced in head (i) been established prior to 6 November 2025,

• (b) has not had their entitlement transferred to Carer Support Payment,

• (c) has continuing entitlement to Carer Support Payment, and

• (d) is not a person to whom regulation 41(1) applies.

• (2) The Scottish Ministers must make a determination of an individual’s entitlement to Carer Support Payment, without receiving an application, where they become aware that paragraph (1) applies to that individual.

• (3) Subject to paragraph (4), where a determination is made under paragraph (2) that an individual is entitled to Carer Support Payment, their entitlement is to begin on the first day of the award week in which the individual’s entitlement to Carer’s Allowance ceased.

• (4) Where the individual—

• (a) does not satisfy the eligibility requirements set out in Part 3 of these Regulations on the date referred to in paragraph (3), and

• (b) will satisfy those requirements on a date within 13 weeks of the date referred to in paragraph (3),

their entitlement will begin on the first day of the award week in which they will satisfy those requirements.

• (5) Where entitlement begins in accordance with paragraph (3), for the week in which entitlement begins, “award week” means—

• (a) where the individual cares for a cared for person who is in receipt of Constant Attendance Allowance, a period of 4 days, starting on the Wednesday of that week and ending on the following Saturday, or

• (b) in all other cases, a period of 6 days, starting on the Monday of that week and ending on the following Saturday.

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