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
Contents
- Document Cover
- Response to the Cabinet Secretary for Social Justice
- Summary of recommendations and observations
- Introduction
- Phased rollout of Carer Support Payment
- Exceptions for carers aged 16-19 in non-advanced education
- Backdating rules
- Eligibility for Carer Support Payment while in legal detention
- Impact assessments
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.