The Carer’s Allowance Up-rating (Miscellaneous Amendment) (Scotland) Regulations 2022

2022 No. 28

Social Security

The Carer’s Allowance Up-rating (Miscellaneous Amendment) (Scotland) Regulations 2022

Made 26th January 2022

Laid before the Scottish Parliament 28th January 2022

Coming into force 11th April 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 70(8), 90, 122(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921and all other powers enabling them to do so.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Carer’s Allowance Up-rating (Miscellaneous Amendment) (Scotland) Regulations 2022 and come into force on 11 April 2022.

S-2 Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

2. In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 19762(circumstances in which a person is or is not to be treated as gainfully employed) for “£128”, in both places where it occurs, substitute “£132”.

S-3 Amendment of the Social Security Benefit (Dependency) Regulations 1977

Amendment of the Social Security Benefit (Dependency) Regulations 1977

3. In paragraph 2B of schedule 2 of the Social Security Benefit (Dependency) Regulations 19773(increase of carer’s allowance for child dependants – earnings limits)—

(a) for “£245”, in both places where it occurs, substitute “£255”, and

(b) for “£33” substitute “£34”.

BEN MACPHERSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th January 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend earnings limits used to determine entitlement to carer’s allowance and to additional payments payable to carer’s allowance recipients, so far as payment is the responsibility of the Scottish Ministers. This adjustment relates to the up-rating, by the Scottish Ministers, of the weekly rate of payment of carer’s allowance (see the Social Security Up-rating (Scotland) Order 2022 (S.S.I. 2022/XXX)).

Regulation 2 of these Regulations amends regulation 8 of the Social Security (Invalid Care Allowance) Regulations 1976 ( S.I. 1976/409) (“the 1976 Regulations”). It increases the amount which a person eligible for payment of carer’s allowance from the Scottish Ministers can earn in a given week without being deemed to be gainfully employed and, therefore, losing their entitlement to carer’s allowance. The Social Security Amendment...

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