Constitutional Law PART 1 Introductory Citation, commencement and extent 1 1 This Order may be cited as the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Modifications) Order 2023. 2 This Order comes into force on the day after the day on which it is made. 3 Parts 1 and 6 of this Order extend to England and Wales, Scotland and Northern Ireland. 4 Part 2 of this Order extends to England and Wales only. 5 Part 3 of this Order extends to Scotland only. 6 Part 4 of this Order extends to England and Wales and Scotland. 7 Part 5 of this Order extends to Northern Ireland only. PART 2 England and Wales Amendment of the Social Security Contributions and Benefits Act 1992 2 1 The Social Security Contributions and Benefits Act 1992 is amended as follows. 2 In section 70 (carer’s allowance) — a for subsection (7), substitute— 7 No person shall be entitled for the same day to— a more than one allowance under this section; or b both an allowance under this section and carer support payment. 7ZA Where, apart from this subsection, two or more persons would have a relevant entitlement for the same day in respect of the same severely disabled person, one of them only shall have that entitlement and that shall be such one of them— a as they may jointly elect in the prescribed manner; or b as may, in default of such an election, be determined by the Secretary of State in the Secretary of State’s discretion. 7ZB Subsection (7ZC) applies where a person (A)— a (disregarding the effect of regulation 5(3) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023) has, or would have, an entitlement to carer support payment; or b has, or would have, an entitlement to carer’s allowance in respect of which the Scottish Ministers have the power to make decisions, for a day in respect of a severely disabled person. 7ZC Another person (B) shall not have a relevant entitlement for the same day in respect of the same severely disabled person unless— a A and B jointly elect in the prescribed manner that B shall have the relevant entitlement (and that A shall not have an entitlement mentioned in subsection (7ZB)) for that day in respect of that severely disabled person; or b in default of such an election, the Secretary of State is satisfied, following consultation with the Scottish Ministers, that— i the Scottish Ministers have decided, or will decide, that A shall not have an entitlement mentioned in subsection (7ZB); and ii B shall have the relevant entitlement, for that day in respect of that severely disabled person. ; b in subsection (7A), for “subsection (7)” substitute “subsections (7ZA) and (7ZC)” ; c in subsection (7A)(a), after “carer’s allowance” insert “in respect of which the Secretary of State has the power to make decisions” ; d after subsection (7A), insert— 7B In subsections (7) and (7ZB), “ carer support payment ” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023. . PART 3 Scotland Amendment of the Social Security Contributions and Benefits Act 1992 3 1 The Social Security Contributions and Benefits Act 1992 is amended as follows. 2 In section 70 (carer’s allowance) — a for subsection (7), substitute— 7 No person shall be entitled for the same day to— a more than one allowance under this section; or b both an allowance under this section and carer support payment. 7ZA Where, apart from this subsection, two or more persons would have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person, one of them only shall have that entitlement and that shall be such one of them— a as they may jointly elect in the prescribed manner; or b as may, in default of such an election, be determined by the Scottish Ministers. 7ZB Subsection (7ZC) applies where a person (A)— a (disregarding the effect of regulation 5(3) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023) has, or would have, an entitlement to carer support payment; or b has, or would have, an entitlement to carer’s allowance in respect of which the Secretary of State has the power to make decisions, for a day in respect of a severely disabled person. 7ZC Another person (B) shall not have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person unless— a A and B jointly elect in the prescribed manner that B shall have an entitlement to carer’s allowance (and that A shall not have an entitlement mentioned in subsection (7ZB)) for that day in respect of that severely disabled person; or b in default of such an election, the Scottish Ministers are satisfied— i that either— aa A shall not have an entitlement mentioned in subsection (7ZB)(a); or bb the Secretary of State has decided, or will decide, that A shall not have an entitlement mentioned in subsection (7ZB)(b); and ii that B shall have an entitlement to carer’s allowance, for that day in respect of that severely disabled person. 7ZD Subsection (7ZE) applies where (but for regulation 29 of the Universal Credit Regulations 2013 preventing entitlement by different persons to the carer element and to carer’s allowance) a person (A) has, or would have, an entitlement to universal credit carer element for a day in respect of a severely disabled person. 7ZE Another person (B) shall not have an entitlement to carer’s allowance for the same day in respect of the same severely disabled person unless— a A and B jointly elect in the prescribed manner that B shall have an entitlement to carer’s allowance (and that A shall not have an entitlement to universal credit carer element) for that day in respect of that severely disabled person; or b in default of such an election, the Scottish Ministers are satisfied that— i the Secretary of State has decided, or will decide, that A shall not have an entitlement to universal credit carer element; and ii B shall have an entitlement to carer’s allowance, for that day in respect of that severely disabled person. ; b for subsection (7A), substitute— 7A For the purposes of subsections (7ZD) and (7ZE), “ universal credit carer element ” means the inclusion in an award of universal credit of an amount in respect of the fact that the person has regular and substantial caring responsibilities for a severely disabled person under section 12 of the Welfare Reform Act 2012 . ; c after subsection (7A), insert— 7B In subsections (7) and (7ZB), “ carer support payment ” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023. . PART 4 England and Wales and Scotland Amendment of the Social Security Contributions and Benefits Act 1992 4 1 The Social Security Contributions and Benefits Act 1992 is amended as follows. 2 In section 150 (interpretation of Part 10) — a after subsection (1)(e), insert— ea carer support payment; ; b in subsection (2), after the definition of “attendance allowance”, insert— “ carer support payment ” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023; . Amendment of the State Pension Credit Act 2002 5 1 The State Pension Credit Act 2002 is amended as follows. 2 In section 2(8) (guarantee credit) — a in paragraph (a), after “Contributions and Benefits Act”, insert “or carer support payment” ; b in paragraph (b), after “an allowance”, insert “or payment” . 3 In section 17(1) (other interpretation provisions), after the definition of “capital”, insert— “ carer support payment ” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023; . Amendment of the Social Security Act 1998 6 1 The Social Security Act 1998 is amended as follows. 2 In Schedule 2 (decisions against which no appeal lies) — a in the heading to paragraph 3, after “carer’s allowance” insert “, carer support payment and the carer element of universal credit” ; b for paragraph 3 substitute— 3 A decision as to whether a person has entitlement under section 70(7ZA), (7ZC) or (7ZE) of the Contributions and Benefits Act. . Part 5 Northern Ireland Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 7 1 The Social Security Contributions and Benefits (Northern Ireland) Act 1992 is amended as follows. 2 In section 70 (carer’s allowance) , for subsection (7) substitute— 7 No person shall be entitled for the same day to— a more than one allowance under this section; or b both an allowance under this section and carer support payment. 7ZA Where, apart from this subsection, two or more persons would have a relevant entitlement for the same day in respect of the same severely disabled person, one of them only shall have that entitlement and that shall be such one of them— a as they may jointly elect in the prescribed manner; or b as may, in default of such an election, be determined by the Department in its discretion. 7ZB Subsection (7ZC) applies where (disregarding the effect of regulation 5(3) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023) a person (A) has an entitlement to carer support payment for a day in respect of a severely disabled person. 7ZC Another person (B) shall not have a relevant entitlement for the same day in respect of the same severely disabled person unless— a A and B jointly elect in the prescribed manner that B shall have the relevant entitlement (and that A shall not have an entitlement to carer support payment) for that day in respect of that severely disabled person; or b in default of such an election, the Department is satisfied, following consultation with the Scottish Ministers, that— i the Scottish Ministers have decided (under regulation 24 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023) that A shall not have an entitlement to carer support payment for that day in respect of that severely disabled person; and ii B shall have the relevant entitlement for that day in respect of that severely disabled person. . 3 In subsection (7A) of that section, for “subsection (7)” substitute “subsections (7ZA) and (7ZC)” . 4 After subsection (7A) of that section, insert— 7B In this section, “ carer support payment ” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023. . Amendment of the State Pension Credit Act (Northern Ireland) 2002 8 1 Section 2 of the State Pension Credit Act (Northern Ireland) 2002 (guarantee credit) is amended as follows. 2 In subsection (8)— a in paragraph (a), after “(invalid care allowance)” insert “or carer support payment” ; b in paragraph (b), after “an allowance” insert “or payment” . 3 After that subsection insert— 8A In subsection (8), “ carer support payment ” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023. . Amendment of the Social Security (Northern Ireland) Order 1998 9 1 The Social Security (Northern Ireland) Order 1998 is amended as follows. 2 In Schedule 2 (decisions against which no appeal lies) — a in the italic heading before paragraph 3, after “carer’s allowance” insert “, carer support payment and the carer element of universal credit” ; b for paragraph 3 substitute— 3 A decision as to whether a person has a relevant entitlement under section 70(7ZA) or (7ZC) of the Contributions and Benefits Act. . PART 6 England and Wales, Scotland and Northern Ireland Amendment of the Personal Injuries (Civilians) Scheme 1983 10 1 The Personal Injuries (Civilians) Scheme 1983 is amended as follows. 2 In article 16 (severe disablement occupational allowance) , after “invalid care allowance,” insert “or carer support payment paid under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,” . Amendment of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 11 1 The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 is amended as follows. 2 In article 10(2) (severe disablement occupational allowance) — a omit the “or” at the end of sub-paragraph (c); b after sub-paragraph (c) insert— ca in receipt of carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023; or . Amendment of the Childcare Payments Regulations 2015 12 1 The Childcare Payments Regulations 2015 are amended as follows. 2 In regulation 14 (variation of relevant maximum: delay in payment of allowances)— a omit the “or” at the end of paragraph (1)(a)(i); b after paragraph (1)(a)(i), insert— ia carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023; or ; c in paragraph (4), after “carer’s allowance,”, insert “carer support payment,” . 3 In regulation 17 (compensatory payments) — a omit the “or” at the end of paragraph (2)(b)(i); b after paragraph (2)(b)(i), insert— ia carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023; or ; c in paragraph (8), after “carer’s allowance,”, insert “carer support payment,” . Alister Jack Secretary of State Office of the Secretary of State for Scotland 15th November 2023