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.
Case Transfer from CA to CSP
The regulations include provisions to transfer the awards of individuals who live in Scotland and receive Carer's Allowance (which is administered by the Department for Work and Pensions (DWP) on behalf of Scottish Ministers), to instead receive Carer Support Payment, to be administered by Social Security Scotland on behalf of Scottish Ministers.
Scottish Minsters have developed a safe and secure process, which will require no action on behalf of the individual wherever possible, and has been designed in line with the following case transfer principles:
- no individual will be required to re-apply for their benefit;
- individuals will receive clear communications about the case transfer process;
- individuals will continue to receive the right payment, at the right time; and
- we will complete the case transfer process as soon as possible while ensuring it is safe and secure.
Notice of intent to transfer
When an individual's carer benefit has been selected for transfer, Scottish Ministers will receive data and information relevant to the individual's most recent Carer's Allowance award from DWP. Once Scottish Ministers have received this information, the regulations make provision for the Scottish Ministers to notify the individual of the intention to transfer them to Carer Support Payment. This notice will set out the process for that transfer.
Determination without application
Scottish Ministers will use the information from DWP to make a determination without application of the individual's entitlement to Carer Support Payment on a like-for-like basis within a fixed period set out in the notice of intention to transfer. This period can be extended if both Scottish Ministers and the Secretary of State for Work and Pensions agree there is good reason to do so. The individual will be notified of any extension of the period and the reasons for it.
The determination of the individual's entitlement to Carer Support Payment will also end the corresponding award of Carer's Allowance. A determination of entitlement in respect of Carer Support Payment made as a result of the case transfer process comes with the same rights to re-determination and appeal as any other determination made under section 52 of the Social Security (Scotland) Act 2018.
Scottish Ministers will identify individuals who will transfer from Carer's Allowance to Carer Support Payment using the residential address held by DWP in the individual's Carer's Allowance record. An individual will be assumed to meet the residence and presence conditions for Carer Support Payment at the point of transfer if they have a Scottish postcode.
If Scottish Ministers determine after transfer that an individual should not have transferred because they fail to meet the residence and presence conditions, a further determination without application will be made that will nullify the case transfer Carer Support Payment determination and the resulting entitlement. This will also undo the termination of the Carer's Allowance award.
All individuals appointed by DWP in respect of a Carer's Allowance award, who have not already been appointed by Scottish Ministers for the same individual, will be temporarily deemed to act as an appointee for the purposes of Carer Support Payment until it is reasonably practicable for Scottish Ministers to consider whether to make an appointment under the Social Security (Scotland) Act 2018.
Provisions relating to case transfer clients receiving Carer's Allowance on a 3+1 payment cycle (where they are paid one week in advance and three weeks in arrears) are included in the draft Regulations. Regulation 7 of Part 2 of the Schedule sets out the specific provisions ensuring people receive the right payments at the right time on case transfer with no gap in support. The regulation set out provisions to move the awards of case transfer clients on a 3+1 payment cycle to a 4 weekly in arrears payment cycle, with the option to request a move to weekly in advance payments.
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