The Carer’s Assistance (Young Carer Grant and Carer Support Payment) (Miscellaneous Amendment and Saving Provision) (Scotland) Regulations 2025: Update from Scottish Government

Ed Pybus
Scottish Commission on Social Security
c/o Secretariat
Victoria Quay
Edinburgh
EH6 6QQ

By email to: info@socialsecuritycommission.scot

4 March 2025

Dear Ed,

The Carer’s Assistance (Young Carer Grant and Carer Support Payment) (Miscellaneous Amendment and Saving Provision) (Scotland) Regulations 2025 – additional provision

Further to my letter of 28 November last year, I am writing regarding the draft Carer’s Assistance (Young Carer Grant and Carer Support Payment) (Miscellaneous Amendment and Saving Provision) (Scotland) Regulations 2025 (‘the draft amendment regulations’).

Firstly, I would like to thank the Commission for their recent scrutiny report on the draft amendment regulations. We have recently identified an error in the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (‘the Carer Support Payment regulations’), which means that a carer’s earnings in any given week will affect entitlement to Carer Support Payment in that same week – instead of the following week as per the intended policy, the current Carer Support Payment systems, and how Carer’s Allowance works.

We are seeking to correct this through a further amendment provision in the draft amendment regulations, with a view to this coming into force as soon as these regulations are made. We believe there is a low likelihood that a carer would have been better off, overall, if an earnings decision had been made in line with the current regulations, rather than in line with the policy intent. This is being kept under review.

I have attached a draft of the provision to amend regulation 14 of the Carer Support Payment regulations, which aims to address this issue and align the regulations with the policy intent. I appreciate the timescales are limited but would be grateful for any consideration the Commission could give to this further provision ahead of the draft amendment regulations being laid. My officials would be happy to provide any additional information required.

I would like to thank the Commission once again for its continued support for the work to deliver and improve support for Scotland’s carers, particularly given the complexities of this legislation.

Yours sincerely,

SHIRLEY-ANNE SOMERVILLE