The Carer's Assistance (Young Carer Grant and Carer Support Payment) (Miscellaneous Amendment and Saving Provision) (Scotland) Regulations 2025

Schedule 1 Regulation 3(19)

Schedule 1A Regulation 34A Determination without application of entitlement to Carer Support

Determination without application of entitlement to Carer Support

1.—(1) Subject to paragraph 2(1), the Scottish Ministers must make a determination of an individual’s entitlement to Carer Support, without receiving application where—

(a) the individual has an ongoing entitlement to Carer Support Payment on 14 March 2026, or

(b) on or after 15 March 2026, it is determined that the individual was entitled to Carer Support Payment in respect of 14 March 2026.

(2) Entitlement to Carer Support under a determination under sub-paragraph (1) begins on 15 March 2026.

(3) Subject to sub-paragraph (4), the determination under sub-paragraph (1) is to be made on the basis of—

(a) such information available to the Scottish Ministers in respect of the latest determination of the individual’s entitlement to Carer Support Payment relating to 14 March 2026, and

(b) any other information available to the Scottish Ministers that appears to them to be relevant.

(4) A determination under sub-paragraph (1) does not need to be made on the basis of the information mentioned in sub-paragraph (3)(b) where—

(a) the individual before a determination is made under sub-paragraph (1) reported a change of circumstances to the Scottish Ministers, which had not been taken into account in the latest determination of the individual’s entitlement to Carer Support Payment, or

(b) the Scottish Ministers before a determination is made under sub-paragraph (1) received information in relation to the individual’s entitlement to Carer Support Payment which had not been taken into account in the latest determination of their entitlement to Carer Support Payment, and

(c) following a determination under sub-paragraph (1) a further determination is to be made under paragraph 4.

(5) A determination under sub-paragraph (1)—

(a) may be made on the assumption that whatever can be discerned about the individual’s circumstances from the information mentioned in sub-paragraph (3) remains accurate on the date on which the determination is made.

(b) may be made on the assumption that the individual does not satisfy the requirement of regulation 14B(1)(b).

Exceptions to paragraph 1(1)

2.—(1) The duty on the Scottish Ministers to make a determination without application mentioned in paragraph 1(1) does not apply where—

(a) an individual cares for a cared for person who died on or before 14 March 2026 and they were entitled to Carer Support Payment under regulation 16(4) (amount and form of Carer Support Payment) on or before that date,

(b) an individual is treated as being ordinarily resident in Scotland under regulation 42(1) (individuals in respect of who Carer Support Payment is paid at the time of moving to another part of the United Kingdom) on or before 14 March 2026, or

(c) subject to paragraph 3, the Scottish Ministers have made a decision under regulation 29 of these Regulations on or before 14 March 2026 to suspend an individual’s Carer Support Payment and the period of that suspension has not ended.

Suspensions

3.—(1) The Scottish Ministers must make a determination of an individual’s entitlement to Carer Support, without receiving application, where—

(a) they make a decision to end a suspension under regulation 33 (ending suspension) as applied before 15 March 2026, and

(b) an individual has an ongoing entitlement to Carer Support Payment on 14 March 2026.

Review determination

4.—(1) The Scottish Ministers must make a determination of an individual’s entitlement to Carer Support, without receiving an application, where—

(a) the individual before a determination under paragraph 1(1) is made reported a change of circumstances to the Scottish Ministers, which had not been taken into account for the individual’s entitlement to Carer Support,

(b) the Scottish Ministers—

(i) before a determination is made under sub-paragraph (1) received information in relation to the individual’s entitlement to Carer Support Payment which had not been taken into account in the latest determination of their entitlement to Carer Support Payment, or

(ii) become aware that on 15 March 2026, the individual would have met the condition in regulation 14B(1) (Carer Additional Person Payment) on that date,

(c) the Scottish Ministers have made a determination under paragraph 1(1), and

(d) the individual has not requested a re-determination under section 41 of the 2018 Act, or an appeal under section 46 of the 2018 Act, in relation to the determination under paragraph 1(1).

(2) The determination under sub-paragraph (1) is to be made as soon as reasonably practicable after the determination under paragraph 1(1).

(3) The information under paragraph 1(4) is to be taken into account by the Scottish Ministers in making a determination under sub-paragraph (1).

(4) Where an individual’s entitlement to Carer Support is determined in the review determination to be at a higher rate than the determination under paragraph 1(1), entitlement will begin on the first day of the award week in which —

(a) the individual first satisfies the requirements for an increased amount of Carer Support —

(i) where the individual reports the change within 13 weeks of the change occurring,

(ii) provides information that they would have met the condition in regulation 14B(1) on 15 March 2026 within 13 weeks of the determination under 1(1), or

(iii) where the individual reports the change or provides the information they would have met the condition in regulation 14B(1) on 15 March 2026 more than 13 weeks after the change occurring, but only if the Scottish Ministers consider that the individual has good reason for not reporting the change within 13 weeks, or

(b) in any other case, the individual reports the change or provides information.

(5) If the date under sub-paragraph 4 is before these Regulations come into force, the date that these Regulations come into force.

(6) Where an individual’s entitlement to Carer Support is determined in the review determination to be at a lower rate than or at the same rate as awarded by the determination under paragraph 1, entitlement under the review determination will take effect on the first day of the award week following the award week in which—

(a) the individual should have notified the Scottish Ministers of the change, where the individual was required to notify a change under section 56 of the 2018 Act, if the individual—

(i) knowingly fails to notify a change, or

(ii) fails to notify the change as soon as reasonably practicable after it occurred, or

(b) the Scottish Ministers make a review determination.

(7) Where the Scottish Ministers consider that in all the circumstances it would be unjust not to do so, they may, when making their determination, set a later date for the purposes of sub-paragraph (6).

(8) Where an individual has previously received Carer Support for a period and a determination without application is subsequently been made under sub-paragraph (1) that the individual is entitled to Carer Support at a higher rate for that period by virtue of this paragraph, the individual will be entitled to the difference between the value of entitlement to Carer Support under the subsequent determination and the value of Carer Support to which that individual was previously entitled for that period.