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
Introduction
The Scottish Commission on Social Security (SCoSS) is pleased to present its report on the draft Carer Assistance (Carer Support Payment) Amendment Regulations 2024. [hereafter ‘the draft Regulations’]. The Scottish Commission on Social Security (SCoSS) reported on the Carer Assistance (Carer Support Payment) Regulations 2023, in June 2023 [hereafter ‘the principal Regulations’].
The draft regulations provide for a phased roll out of Carer Support Payment (CSP) including a new transitional backdating provision for newly qualifying student carers and others qualifying due to different ‘past presence’ rules to Carer’s Allowance, bring forward the commencement date of the existing provision for entitlement of some 16 to 19-year-old students and to make some clarifying amendments to the principal regulations.
The development of CSP has been characterised by significant levels of stakeholder engagement and this approach is to be welcomed as representative of social security principle (f) “the Scottish social security system is to be designed with the people of Scotland on the basis of evidence”. Bringing forward access to CSP for the group of 16 to 19 year olds in exceptional circumstances can be seen as meeting the commitment in Our Charter to using social security to help people participate in society and also as contributing to CSP being an investment in the people of Scotland (principle (a)). At the same time aspects of the draft regulations may add complexity thus posing challenges to communicating with carers so as to meet commitments regarding improving take up. SCoSS has, therefore, recommended the production of a detailed communications plan outlining the impact of a claim for other benefits and the rules on backdating.
To understand the views of stakeholders in relation to the draft regulations, SCoSS shared a targeted call for evidence with organisations representing carers, further education and relevant academics. Their feedback is represented throughout our response. We would like to publicly recognise the stakeholders’ contributions as invaluable to informing our position on the draft regulations.