Social security - Scottish Carer's Assistance consultation: Scottish Government response

Endnotes and References

1 National Carers Strategy

2 Carers (Scotland) Act 2016 An Act of the Scottish Parliament to make provision regarding carer support

3 Scotland Act 2016, Part 3, Section 22 These powers allow the Scottish Government to pay benefits to people providing ‘regular and substantial care' to 'a person to whom a disability benefit is normally payable'.

4 Social Security (Scotland) Act 2018 Carer’s Assistance Regulations 2018

5 More information on The Carer Benefits Advisory Group

6 Scottish Carer's Assistance Discussion Paper, March 2021

7 More information can be found here on: Disability and Carers Benefits Expert Advisory Group

8 More information on The Carer Benefits Advisory Group

9 National Care Organisations: Six carer organisations which includes, Carer’s Trust Scotland; Carers Scotland; Coalition of Carers Scotland; Minority Ethnic Carer’s of Older People Scotland; Shared Care Scotland; Scottish Young Carers Service Alliance. More information can be found here: National Care Organisations in Scotland

10 Multi Criteria Analysis (www.gov.scot)

11 Experience Panel: Scottish Carer's Assistance report, November 2022

12 Scottish Carer's Assistance: Independent Consultation Analysis, November 2022

13 Carer’s Allowance is an ‘income-replacement’ benefit so carers may not be earning more than £132 per week (2022/23 rate) from employment, after tax, National Insurance and some expenses. Expenses can include 50% of a carer’s pension contributions, work expenses such as travel costs and equipment for work, and up to 50% of the costs of replacement care for the person being cared for. More information is available on the Carer's Allowance eligibility section of the UK Government website

14 Carers receiving State Pension make up around 80% of all carers with an underlying entitlement to Carer’s Allowance. Around 98% of carers with underlying entitlement who have reached State Pension age receive the State Pension.

15 You cannot receive two income replacement benefits at the same time. The benefits which 'overlap' with Carer's Allowance/Carer Support Payment are: State Pension, Incapacity Benefit, Severe Disablement Allowance, Unemployability Supplement – paid with Industrial Injuries Disablement Benefit or War Pension, Widow's Pension or Bereavement Allowance, Widowed Mother's Allowance or Widowed Parent's Allowance, War Widow's or Widower's Pension, Maternity Allowance, Industrial Death Benefit, contribution-based Jobseeker's Allowance, contribution-based Employment and Support Allowance The Social Security (Overlapping Benefit) Regulations 1979

16 Carers need to be normally living in Scotland and both present and resident in the common travel area: (Scotland, England, Wales, Northern Ireland/Republic of Ireland, Isle of Man, Guernsey, Jersey) If the carer has recently moved to Scotland and meet the past presence test, living in the common travel area for 26 weeks in the previous 52 weeks. Carers can still qualify for Carer Support Payment even if they do not live in Scotland but have strong links to Scotland, for example, have spent a significant part of their life in Scotland.

17 Some carers may be able to receive Carer Support Payment outside of the UK if they are living in the European Economic Area, Switzerland or Gibraltar, and they have strong links to Scotland.

18 Qualifying benefits for Carer Support Payment are: the daily living component of Adult Disability Payment, the daily living component of Personal Independence Payment, the middle or highest care rate of Child Disability Payment, the middle or highest care rate of Disability Living Allowance, Attendance Allowance, Pension Age Disability Payment, Armed Forces Independence Payment or Constant Attendance Allowance at or above the normal maximum rate with Industrial Injuries Disablement Benefit, or War Disablement Pension.

19 Devolved benefits: evaluating the policy impact report, November 2019