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

Schedule 2 Regulation 4

Consequential amendment

Amendment of the Social Security Contributions and Benefits Act 1992

1.— (1) The Social Security Contributions and Benefits Act 1992 is amended in accordance with paragraph (2).

(2) In section 70(7B) (Carer’s allowance)^[d] for “carer’s assistance” substitute “the Carer Support Payment component of Carer Support”.

Amendment of the Social Security (Scotland) Act 2018

2.—(1) Section 81 of the 2018 Act is amended in accordance with paragraphs (2) to (5).

(2) In subsection (2), for paragraph (a) and the word “and” immediately following it, substitute—

(a) in receipt of a carer’s allowance under section 70 of the Social Security and Benefits Act 1992 by virtue of article 4 (transitional provision) of the Regulatory Reform (Carer’s Allowance) Order 2002^[e], and.

(3) In subsection (9)(a)—

(a) before “in receipt” insert the word “was”,

(b) sub-paragraph (ii) and the word “or” immediately preceding it are repealed.

(4) In subsection (11)(a)—

(a) before “in receipt” insert the word “was”,

(b) sub-paragraph (ii) and the word “or” immediately preceding it are repealed.

(5) In subsection (13)(a)—

(a) before “in receipt” insert the word “was”,

(b) sub-paragraph (ii) and the word “or” immediately preceding it are repealed.

Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

3.— (1) The Social Security (Invalid Care Allowance) Regulations 1976^[f] are amended in accordance with paragraph (2).

(2) In regulation 7(4) (manner of electing the person entitled to a carer’s allowance in respect of a severely disabled person where more than one person would be entitled) for “a payment made” substitute “the Carer Support Payment component of Carer Support”.

Amendment of the National Assistance (Assessment of Resources) Regulations 1992

4.— (1) The National Assistance (Assessment of Resources) Regulations 1992^[g] are amended in accordance with paragraph (2).

(2) In regulation 2(1) (interpretation) in the definition of “carer support payment” omit “payment”.

(3) In paragraph 2(3) of schedule 2 (sums to be disregarded in the calculation of earnings) omit “Payment”.

Amendment of the Advice and Assistance (Scotland) Regulations 1996

5.— (1) The Advice and Assistance (Scotland) Regulations 1996^[h] are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation) in the definition of “carer support payment” omit “payment”.

(3) In regulation 16(2)(cd) (payment of fees and outlays from property recovered or preserved) omit “payment”.

(4) In paragraph (5)(d)(aze) of schedule 2 (assessment of disposable capital and disposable income) omit “payment”.

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

6.— (1) The Civil Legal Aid (Scotland) Regulations 2002^[i] are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1) (interpretation) in the definition of “carer support payment” omit “payment”.

(3) In regulation 33(a)(xxv) (payments out of property recovered or preserved: exceptions) for “a carer support payment” substitute “Carer Support”.

(4) In paragraph 7(o) of schedule 2 (rules for computing disposable income) omit “payment”.

(5) In paragraph (8)(k) of schedule 3 (rules for computing disposable capital) omit “payment”.

Amendment of the Individual Learning Account (Scotland) Regulations 2011

7.— (1) The Individual Learning Account (Scotland) Regulations 2011^[j] are amended in accordance with paragraph (2).

(2) In regulation 3(6)(b)(iiia) (qualifying persons (training account holders)) after “payment” insert “component of Carer Support”.

Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012

8.— (1) The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012^[k] are amended in accordance with paragraphs (2) and (5).

(2) In regulation (2)(1) (interpretation) in the definition of “carer support payment” for “carer’s assistance” substitute “the Carer Support Payment component of Carer Support”.

(3) In regulation 27(1)(j) (meaning of “income”)

(a) after head (xxi) insert—

(xxia) the Carer Additional Person Payment component of Carer Support given under section 28 and schedule 2 of the Social Security (Scotland) Act 2018,

(xxib) the Scottish Carer Supplement component of Carer Support given under section 28 and schedule 2 of the Social Security (Scotland) Act 2018.

(4) In schedule 1 (applicable amount)—

(a) in paragraph 6(1)(ab) for “16” substitute “16(2)”.

(b) in paragraph 10—

(i) in sub-paragraph (2)(a) omit “carer support payment”,

(ii) after sub-paragraph (2) insert—

(2A) Where a carer premium has been awarded but the person in respect of whose care the carer support payment has been awarded dies, the condition for the award of the premium is be treated as satisfied for a period of—

(a) 8 weeks from the relevant date specified in sub-paragraph (3) where that person died before 15 March 2026,

(b) 12 weeks from the relevant date specified in sub-paragraph (3) where that person died on or after 15 March 2026..

(iii) in sub-paragraph (3) in the opening words, after “(2)” insert “and (2A)”

(iv) in sub-paragraph (3)(a) after “(2)(a)” insert “or (2A)”.

(5) In paragraph 21(2) of schedule 4 (capital disregards) after head (r) insert—

(s) the Carer Additional Person Payment component of Carer Support given under section 28 and schedule 2 of the Social Security (Scotland) Act 2018,

(t) the Scottish Carer Supplement component of Carer Support given under section 28 and schedule 2 of the Social Security (Scotland) Act 2018,.

Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013

9.— (1) The Children’s Legal Assistance (Scotland) Regulations 2013^[l] are amended in accordance with paragraph (2) to (4).

(2) In regulation (2)(1) (interpretation) in the definition of “carer support payment” omit “payment”.

(3) In paragraph 5(q) of schedule 1 (assessment of disposable income for the purposes of children’s legal aid) for “any carer support payment” substitute “carer support”.

(4) In paragraph 8(k) of schedule 2 (assessment of disposable capital for the purposes of children’s legal aid) for “any carer support payment” substitute “carer support”.

Amendment to the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019

10.— (1) The Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019^[m] are amended in accordance with paragraph (2).

(2) In regulation 6(3)(a) after “Carer Support Payment” insert “component of Carer Support”.

Amendment of the Council Tax Reduction (Scotland) Regulations 2021

11.— (1) The Council Tax Reduction (Scotland) Regulations 2021^[n] are amended in accordance with paragraphs (2) to (5).

(2) In regulation 4(1) in the definition of “carer support payment” for “carer’s assistance” substitute “the Carer Support Payment component of Carer Support”.

(3) In schedule 1 (applicable amount)—

(a) in paragraph 5(1) for “(8)” substitute “(10)”,

(b) in paragraph 5(4)(c) after “16” insert “(2)”,

(c) in paragraph 5(5) at the end insert “or, if longer, the period for which the person continues to be entitled to carer support payment.”,

(d) in paragraph 5(6)(a) omit “carer support payment”,

(e) after paragraph 5(6) insert—

(6A) Where a carer premium is awarded to a person other than a person described in sub-paragraph (5), but the person in respect of whose care the carer support payment has been awarded dies, the condition for the award of the premium is to be treated as satisfied for a period of—

(a) 8 weeks from the relevant date specified in sub-paragraph (7) where that person died on or before 14 March 2026

(b) 12 weeks from the relevant date specified in sub-paragraph (7) where that person died on or after 15 March 2026.

(f) in paragraph 5(7)—

(i) in the opening words after “(6)” insert “and (6A)”,

(ii) in sub-paragraph (a) after “(6)(a)” insert “or (6A)”.

(g) in paragraph 5(8)(a) before “the person” insert “except where sub-paragraph (9) and (10) apply,”,

(h) after paragraph 5(8) insert—

(9) This sub-paragraph applies where, the person in respect of whose care the carer support payment has been awarded dies on or after 15 March 2026.

(10) Where a person who has had regular and substantial caring responsibilities for a severely disabled person ceases to have such caring responsibilities and makes an application for council tax reduction, the condition for the award of the carer premium is to be treated as satisfied for a period of 12 weeks from the date on which the person in respect of whom the person had such caring responsibilities dies, where that brought the caring responsibilities to an end..

(i) in paragraph 6(2)(b) for “5(5) and (6)” substitute “5(5), (6) and (6A)”,

(4) In paragraph 6(1)(a) of schedule 3 (sums to be disregarded in the calculation of earnings) for “5(5) or (6)” substitute “5(5), (6) or (6A)(a)”,

(5) In paragraph 24 of schedule 4 (capital to be disregarded) after sub-paragraph (c) insert—

(d) the Carer Additional Person Payment component of Carer Support given by virtue of regulations under section 28,

(e) the Scottish Carer Supplement component of Carer Support given by virtue of regulations under section 28..