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The Carer Assistance (Carer Support Payment) Amendment Regulations 2024: scrutiny report

The Scottish Commission on Social Security's scrutiny report on the draft Carer Assistance (Carer Support Payment) Amendment Regulations 2024

Eligibility for Carer Support Payment while in legal detention

Draft regulation 2(3) amends the principal CSP regulations to provide that where a carer is in legal detention, this may be treated as a temporary break in care where it meets the criteria. The Scottish Government notes that this change intends to have the effect of allowing payment to continue for up to four weeks where there is a break in care due to a carer being in legal detention and for the award to be reinstated without application in situations where the carer becomes entitled again within 26 weeks of an award which is ended due to legal detention.

In response to our call for evidence Carers Trust Scotland, in particular, noted that this change had the potential to “break down barriers” for carers in these situations as it would avoid any additional administrative burden that would come from completing a new application and awaiting processing of a claim.

Observation 3: SCoSS supports the proposed approach to treat situations where a carer is in legal detention as a temporary break in care where this meets the criteria.

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