Guidance

A7/2024: The Carer’s Assistance (Carer’s Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023

Updated 22 October 2024

Who should read

All Housing Benefit staff

Action

For information

Subject

The Carer’s Assistance (Carer’s Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023

Guidance manual

The information in this circular does affect the content of the Housing Benefit Guidance Manual. Please annotate this circular number against paragraphs: 

• BW3 paragraphs W3.210 to W3.231 and W3.270 to W3.273

• BP3 paragraphs P3.210 to P3.231 and P3.270 to P3.275

Queries

You can get extra copies of this circular/copies of previous circulars.

If you want to ask about the technical content of this circular, contact: housing.policyenquiries@dwp.gov.uk.

If you want to ask about the distribution of this circular, contact: lawelfare.correspondence@dwp.gov.uk.

Crown Copyright 2024
Recipients may freely reproduce this circular.

Introduction

1. This circular gives guidance on the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (SI 2023/1218) which came into force on 19 November 2023. 2. This order made changes to the Housing Benefit Regulations 2006 (SI 2006/213) and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (SI 2006/214)

Background

2. The Scottish Government has introduced a replacement benefit for Carer’s Allowance. The new benefit, Carer Support Payment (CSP) will replace Carer’s Allowance for eligible customers living in Scotland.

3. CSP was introduced in Scotland from 20 November 2023, initially in three local authority areas. Customers living in Dundee City, Perth and Kinross and the Western Isles who wish to make a new claim as a carer have been advised to claim CSP from Social Security Scotland (SSSA).

4. The Scottish Government has advised CSP will be available across the whole of Scotland by autumn 2024.

CSP

5. CSP is a non-contributory, taxable benefit for people aged 16 or over who spend at least 35 hours a week caring for a severely disabled person. CSP is paid at a standard rate equivalent to Carer’s Allowance.

6. Just like Carer’s Allowance, the amount of CSP someone receives can be reduced or reduced to nil. if the claimant receives certain other benefits. CSP cannot be paid at the same time as Carer’s Allowance.

7. There are several notable differences between CSP and Carer’s Allowance. These include:

• CSP Benefit Week is Sunday to Saturday

• CSP is paid weekly in advance or 4-weekly in arrears

• Paydays for CSP new claims will be from Tuesday to Friday based on the last two digits of the claimant’s National Insurance number

• Carer’s Allowance to CSP Managed Case Transfers will retain their Carer’s Allowance paydays

• Entitlement to CSP will end during Temporary Breaks in care.

Backdating CSP

8. CSP awards can be backdated up to 13 weeks from the date of claim. (Note: This may include a period prior to the start of the CSP new claims go-live date).

9.Backdating can be extended for periods greater than 13 weeks where an award of the qualifying benefit for the cared for person is backdated more than 13 weeks and the CSP application is submitted within 13 weeks of the qualifying benefit decision.

Existing Carer’s Allowance claimant living in Scotland

10.Claimants living in Scotland with an existing Department for Work and Pensions (DWP) Carer’s Allowance award do not need to make a CSP new claim, as they will be automatically transferred to CSP (Managed Case Transfer) from 2024 through 2025.

Two or more people caring for the same person

11.Where two or more people are caring for the same severely disabled person, only one of them will be entitled to either Carer’s Allowance or CSP for any day. It will be up to them to choose and elect who will be entitled to Carer’s Allowance or CSP by giving the Decision Maker a notice in writing signed by both carers specifying who should be entitled to Carer’s Allowance or CSP.

12. If one carer is not elected the Secretary of State should be satisfied that one carer has the relevant entitlement to the benefit, following consultation with the Decision Maker in Scotland.

Example 1

Mary and Sharon both care for Henry for at least 35 hours a week each. Mary lives in England and claims Carer’s Allowance. Sharon lives in Scotland and claims CSP. Only one of them will be entitled to benefit for caring for Henry. Mary and Sharon decide themselves that Mary should have entitlement. Therefore, Mary receives Carer’s Allowance. Sharon is not entitled to CSP for the period Mary is entitled to Carer’s Allowance.

Example 2

David and Eric both care for Susan for at least 35 hours a week each. David lives in England and claims Carer’s Allowance. Eric lives in Scotland and claims CSP. Only one of them will be entitled to benefit for caring for Susan. David and Eric both believe they should be entitled to claim and cannot decide between them who should be entitled. The Decision Maker in England should consult with the Decision Maker in Scotland to determine which carer has the relevant entitlement.

Moving to England or Wales

13.When CSP has been awarded and the customer moves from Scotland to England or Wales they will have to make a claim to Carer’s Allowance from the date of the move.

14.SSSA will continue to pay CSP for a run-on period of 13 weeks. This is to ensure the customer has sufficient time to make a claim to Carer’s Allowance before CSP ends. 

15.If there is an award of CSP when the claim to Carer’s Allowance is made and Carer’s Allowance is awarded, entitlement will start from the day after CSP ends. 

16.If the CSP award has ceased when the claim to Carer’s Allowance is made, a Carer’s Allowance award will start from the date of claim (subject to any backdating requests). 

Changes to Housing Benefit Regulations

17. As CSP replaces Carer’s Allowance for people living in Scotland the changes made to both SI 2006/213 and SI 2006/214 concern those regulations which include references to Carer’s Allowance. The following paragraphs provide more details for some of those changes.

Income other than earnings

18. CSP is a social security benefit and is taken into account as income other than earnings in the same way as Carer’s Allowance.

19. The current CSP rate is the same as the Carer’s Allowance rate. Scottish Government may in the future set the rate of CSP higher than the rate of Carer’s Allowance. LAs should disregard any amount of CSP that is in excess of the amount the claimant would receive if they had an entitlement to Carer’s Allowance.

Entitlement to a Severe Disability Premium

20.A severely disabled person is not entitled to the Severe Disability Premium if their carer is in receipt of CSP.

Entitlement to a Carer Premium

21. A Carer Premium may be awarded to claimants entitled to CSP.

Exception to the benefit cap

22. The benefit cap does not apply where the claimant, their partner, or a young person the claimant or their partner is responsible for are receiving CSP.