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

(ca) not entitled to carer support payment; and

Amendment of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012

47

In regulation 43(1) of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012 (flat rate)⁵³—

• (a) at the end of sub-paragraph (h) omit “and”;

• (b) at the end of sub-paragraph (i) insert “and”;

• (c) after sub-paragraph (i) insert—

(j) carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

Amendment of the State Pension Regulations (Northern Ireland) 2015

48

In regulation 11 of the State Pension Regulations (Northern Ireland) 2015 (days which are not included in determining the period of deferral)⁵⁴, after sub-paragraph (2)(a)(vi) insert—

(via) carer support payment under the Carer's Assistance (Carer Support Payment) (Scotland) Regulations 2023 (carer support payment);

Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2016

49

• (1) The Employment and Support Allowance Regulations (Northern Ireland) 2016⁵⁵ are amended as follows.

• (2) In regulation 2 (interpretation), after the definition of “carer’s allowance” insert—

• “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023⁵⁶;

• (3) In regulation 9(2)(a) (relaxation of the first contribution condition), after “carer’s allowance” insert “or have entitlement to carer support payment”.

• (4) In regulation 47 (claimants subject to no work-related requirements)—

• (a) in paragraph (1)(a), after “carer’s allowance” insert “or have entitlement to carer support payment”;

• (b) in paragraph (2), for sub-paragraphs (a) and (b) substitute—

(a) satisfies the conditions for entitlement to a carer’s allowance, or would do so but for the fact that— (i) their earnings have exceeded the limit prescribed for the purposes of that allowance; or (ii) they are— (aa) resident, or treated as resident, in Scotland; or (bb) resident outside of Northern Ireland and have a genuine and sufficient link to Scotland; or (b) is entitled to carer support payment.

• (c) in paragraph (5), after the definition of “severely disabled” insert—

• “sufficient” has the meaning given in paragraph 3 of Schedule 1 to the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;

• (5) In regulation 85(2)(a) (waiting days), after “carer’s allowance,” insert “carer support payment,”.

• (6) In regulation 100(b) (modification in the calculation of income), after “carer’s allowance” insert “, carer support payment”.

Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016

50

• (1) The Jobseeker’s Allowance Regulations (Northern Ireland) 2016⁵⁷ are amended as follows.

• (2) In regulation 2(2) (general interpretation), after the definition of “benefit week” insert—

• “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;

• (3) In regulation 35(1) (waiting days), for “or carer’s allowance” substitute “, carer’s allowance or carer support payment”.

• (4) In regulation 38 (linking periods)—

• (a) in paragraph (2)(a), after “carer’s allowance under section 70 of the Benefits Act” insert “or carer support payment”;

• (b) in paragraph (4), after “carer’s allowance” insert “or carer support payment”.

• (5) In regulation 41(3)(c)(iii) (remunerative work), after “carer’s allowance under section 70 of the Benefits Act” insert “or carer support payment”.

Amendment to the Universal Credit Regulations (Northern Ireland) 2016

51

• (1) The Universal Credit Regulations (Northern Ireland) 2016⁵⁸ are amended as follows.

• (2) In regulation 2(1) (interpretation) after the definition of “carer element” insert—

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

• (3) In regulation 30(1) (award to include the carer element)—

• (a) for “section 70(7)” substitute “section 70”;

• (b) after “carer’s allowance” insert “or carer support payment”.

• (4) In regulation 31 (meaning of “regular and substantial caring responsibilities for a severely disabled person”)—

• (a) for paragraph (1) substitute—

(1) For the purposes of Part 2 of the Order and these Regulations, a person has regular and substantial caring responsibilities if— (a) they satisfy the conditions for entitlement to a carer’s allowance or would do so but for the fact that— (i) their earnings have exceeded the limit prescribed for the purposes of that allowance; or (ii) they are— (aa) resident, or treated as resident, in Scotland; or (bb) resident outside of Northern Ireland and have a genuine and sufficient link to Scotland; or (b) they are entitled to carer support payment.

• (b) in paragraph (2), for “paragraph (1)” substitute “paragraph (1)(a)”;

• (c) after paragraph (3) insert—

(4) For the purposes of paragraph (1), “sufficient” has the meaning given in paragraph 3 of Schedule 1 to the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

• (5) In regulation 66 (what is included in unearned income?) after paragraph (1)(b)(iii) insert—

(iiia) carer support payment but only up to a maximum of the amount a claimant would receive if they had an entitlement to carer’s allowance,

• (6) In regulation 83(1) (exceptions - entitlement or receipt of certain benefits) after sub-paragraph (j) insert—

(ja) a claimant, or a qualifying young person for whom a claimant is responsible, is entitled to carer support payment;

• (7) In regulation 88(1)(b) (claimants subject to no work-related requirements) after “carer’s allowance” insert “or carer support payment”.

• (8) After paragraph 15(2)(g) of Schedule 4 (no deduction for housing cost contributions in respect of certain non-dependants) insert—

(ga) in receipt of carer support payment;

Amendment of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016

52

In paragraph 8 of Schedule 2 to the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (claimants previously entitled to a severe disability premium)⁵⁹—

• (a) in sub-paragraph (2), after “a carer’s allowance” insert “or carer support payment”;

• (b) after sub-paragraph (2) insert—

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

Signed

Signed by authority of the Secretary of State for Work and Pensions

Tom Pursglove — Minister of State — Department for Work and Pensions — at 10.30 a.m. on 16th November 2023

Explanatory note

(This note is not part of the Order)

Explanatory Note

The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (S.S.I. 2023/302) introduce arrangements for the payment of carer’s assistance in the form of carer support payment. Carer support payment replaces carer’s allowance as the benefit paid to those in Scotland with eligible caring responsibilities for a disabled person.

This instrument makes consequential amendments to social security legislation in England and Wales, Scotland and Northern Ireland, as the case may be, governing entitlement to certain benefits.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Footnotes