Social Security - Scottish Carer's Assistance consultation: Scottish Government response - easy read

Section 1: Carer Support Payment

Rules about where carers are living: What people told us

People were asked if they agreed with our suggestion that carers would need to be living in Scotland to get Carer Support Payment and that people need to be living here for 26 of the past 52 weeks.

Most people agreed with this. Some people said that both the carer and the person they care for should have to live in Scotland to get the benefit. They said it would be difficult to care for someone who did not live in the same country unless both lived close to the Scottish border.

Most people agreed that carers would need to have been living here for 26 of the past 52 weeks. They said this would mean Carer Support Payment rules would be the same as other Scottish benefits.

Some organisations thought that these rules might stop carers getting support quickly when they first move to Scotland.

Scottish Government reply

As most of the consultation responses agreed with the rules that carers need to be living in Scotland and that carers need to be living in Scotland for 26 of the past 52 weeks, we plan to introduce this from the start of the new benefit.

We also plan to remove the need for some refugees or people who are terminally ill to have been living here for 2 of the past 3 years. This means they could also get support more quickly.

When a carer is not happy with a decision: What people told us

People were asked if they agreed with the timescales for re-determinations and appeals. A re-determination is when someone disagrees with a decision that Social Security Scotland have made and asks for it to be looked at again.

We suggested that carers would have 42 days to ask for a re-determination. We also suggested that Social Security Scotland would have 56 days to carry out the re-determination. Most people agreed with these timescales. They said that they were fair and would be better than the current rules.

Carers would have more time to ask for a re-determination which would help them to gather any information or time to contact organisations for support if needed.

Some organisations thought it was unfair that Social Security Scotland would have longer to carry out a re-determination than carers would have to ask for one.

They also thought that carers should be able to ask for extra time if they knew they would not be able to provide information within the timescales. They said that it was important for carers not be left financially worse off, if they are challenging a decision.

Scottish Government reply

As most people agreed with our suggested position on re-determinations and appeals, we will go ahead with this. This means that carers would have 42 days to ask for a re-determination and Social Security Scotland would have 56 days to carry this out.

We know that some people think that 56 days to complete a re-determination was too long, or that it would make things simpler if the timescales were the same as for both the carer and Social Security Scotland.

As with all our benefits we will keep checking to make sure the timescales are working well for carers, those who support carers and Social Security Scotland.

When payments need to stop for a short time: What people told us

People were asked if they agreed that Carer Support Payment could be stopped for a short time in some cases. For example, if we have asked someone for information to make sure they are still entitled to support and they have not given it.

Most people agreed with our suggestions. Some people said that this would help to protect carers from overpayments which might need to be paid back.

Some people disagreed and said payments should not be stopped for any reason, or only in very rare situations. They said payments should not stop when a cared for person goes into hospital because carers might keep doing things like laundry, and visiting the cared for person in hospital.

People also said that stopping carers' awards could cause stress for the carer and the cared for person as they would have less money.

Scottish Government reply

People had different views on stopping benefits for a short time. However most people agreed with our suggestions so we will go ahead with them. This means Carer Support Payment may be stopped in some situations.

Some people were worried about the impact on carers of stopping payments. We want to protect carers from overpayments which they might need to pay back later. We will also take a proper look at a carer's financial circumstances before we make any decisions.

Carers will have the right to challenge a decision and have it looked at again. We will work with carers and support organisations to look at how stopping benefits for a short time should work and make sure the process is fair.

We are also looking at what should happen to payments when the cared for person's disability benefit is suspended. Where the cared for person's entitlement to the disability benefit is not in question, Carer Support Payment would continue to be paid.

Changing Carer Support Payment to £0: What people told us

People were asked if they agreed with setting Carer Support Payment to £0 in some situations, rather than ending it completely. This sometimes happens with Carer's Allowance. This would be known as a 'nil award'.

Most people agreed with our suggestions. Some people thought that this was fair and would reduce the risk of overpayments. People thought it was better because setting to £0 would mean the benefit would not be stopped and carers would not need to apply again.

Some people disagreed with £0 payments in some situations, like when the cared for person is in the hospital for more than 4 weeks. People said they still provide care while the cared for person is in the hospital.

Some people disagreed that those who get State Pension are not entitled to Carer Support Payment. People cannot get State Pension and Carer Support Payment at the same time because they are 'overlapping benefits' and people felt they should get both.

Scottish Government reply

Since most people agreed with our plans for when an award of Carer Support Payment should be set to £0, we will go ahead with this.

Carer Support Payment would be set to £0 when a cared for person's qualifying benefit award is set to £0 or when it is ended. This would also happen if a carer has earnings over the earnings limit, or where they have had more than the allowed number of breaks in care.

When a carer became entitled again, payments would restart. Where an award had been set to £0 for six months, it would end after this time.

Where a carer is receiving an overlapping benefit like the State Pension, they would still be entitled to other support which can be higher than carer benefits. This is why they cannot receive both.

We plan to look at how earnings and hospital stays will be considered as part of our future improvements plan.

Support for carers who disagree with a decision: What people told us

Short-term assistance is a new payment in the Scottish benefits system. It will give support to carers when the cared for person's disability benefit has been changed or stopped and they are asking for this decision to be looked at again.

Most people agreed with this plan. They said carers will still be giving care while the decision is being looked at. The new benefit would be a 'safety net' of support for the carer and cared for person during this time.

Scottish Government reply

Since most people agreed with our plans for short-term assistance, we will go ahead with these.

There are complicated links with other benefits which will be delivered by the Department for Work and Pensions (DWP). We are working with them to look at how this would work.

Links to wider services and support: What people told us

People were asked how Carer Support Payment could better support carers by linking them to wider services.

People said there should be different ways for carers to contact Social Security Scotland, by post or online. The process of getting support should be easy to use and understand.

People said that carers should also be told about other support they can get, particularly at key life moments, such as at the beginning or end of a caring role or when a cared for person passes away. People said there could be better links to:

• Carer centres for information and support
• Social work and social services
• Mental health support and services
• Local authorities
• Welfare and advice services like the Citizens Advice Bureaux
• GP practices and hospitals.

Scottish Government reply

Most people supported our plans to link carers to wider services and support, so we will go along with this. We will look at what people have said about areas where they want wider support and we will work with carers to develop this.

We are also looking at how we can make claiming Carer Support Payment easier and thinking about options for how we make payments in future.