The Disability Assistance (Miscellaneous Amendments) (Scotland) Regulations 2023: scrutiny report

The Scottish Commission on Social Security's scrutiny report on the draft Disability Assistance (Miscellaneous Amendments) (Scotland) Regulations 2023

5. Carer’s Allowance entitlement

Draft Regulation 2 amends the residence and presence conditions for the receipt of Carer’s Allowance, as set out in Regulation 9(2) of the Social Security (Invalid Care Allowance) Regulations 1976 to include CDP and ADP as qualifying benefits. The amendments stipulate that an individual in receipt of Carer’s Allowance can continue to receive the benefit despite being absent from Great Britain for more than four weeks, if the reason for their absence is to provide care to someone in receipt of the care component of CDP (middle or higher rate) or the daily living component of ADP (standard or enhanced rate).

In relation to the principles, the amendment is a straightforward change which aims to ensure equal treatment of Carer’s Allowance recipients in different parts of Great Britain (in accordance with principle (g)) and protect Scottish carers’ enjoyment of their right to social security (in accordance with principle (b)) by stipulating that carers who temporarily leave the UK to care for an individual in receipt of a Scottish disability benefit are treated the same way as those who are caring for an individual in receipt of one of the reserved disability benefits (DLA, PIP or Attendance Allowance). As noted in the Equality Impact Assessment, the beneficiaries of the amendment are likely to be mainly female.

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