The Carer's Assistance (Carer Support Payment) (Scotland) Draft Regulations 2023: policy note

This instrument sets out the rules and eligibility criteria for The Carer’s Assistance (Carer Support Payment) (Scotland) Draft Regulations 2023 and includes provision for transfer of benefits for individuals who live in Scotland and receive CA to Social Security Scotland and Carer Support Payment.

Amount of Carer Support Payment

Regulations provide for the rate at which Carer Support Payment will be paid. Carers receiving Carer Support Payment will be entitled to Carer's Allowance Supplement in the same way as carers in Scotland receiving Carer's Allowance.

As an income-replacement benefit, it will not be possible for carers to receive Carer Support Payment in full at the same time as another income-replacement benefit. Regulation 16 also provides that the amount of Carer Support Payment may be reduced or set to £0 where a carer is receiving another 'overlapping benefit'.

[Regulation 17 also provides for a process that would replicate the effect of the 'abatement' process used internally within the Department for Work and Pensions (DWP) to address overpayments of income-based legacy benefits that occur as a result of Carer Support Payment being paid in respect of the same periods.]

Regulation 20 is intended to ensure carers are able to access all the support they are entitled to where they make an application for Carer Support Payment which they would be eligible to backdate to a point before the regulations were in force, but would have been unable to apply for Carer's Allowance at that time. This may happen in situations where the benefit of the person they care for is backdated following a Tribunal decision. Regulations provide that the carer's application can be treated as an application for Carer's Allowance and payments can be treated as payments of Carer's Allowance in respect of the period before the regulations came into force.



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