Young Carer Grant regulations: consultation analysis

Regulations

The draft regulations provide the legal structure and rules for delivering the Young Carer Grant. These include eligibility, what assistance is available, the value of the payment and when to apply.

Meeting the Policy Aims

The consultation document states that the Young Carer Grant aims to help improve young carers' health and education outcomes at a key transition period in their lives. The grant will provide financial assistance to help improve the quality of life for young carers, break down barriers and allow them to access opportunities that are considered normal for many other young people. Respondents were asked whether the draft regulations were likely to meet these policy aims.

Q1. Do you think the draft regulations are likely to meet the policy aims set out in this document?

	Number	Percentage
Yes	55	73%
No	17	23%
No response	3	4%
Total	75	100%

Nearly three quarters (73%) of respondents felt that the draft regulations would be likely to meet the policy aims. Less than one quarter (23%) felt they would not, while three respondents did not provide a response.

Where respondents felt that the policy would not meet its stated aims (and where caveats were provided by those who indicated it would meet the aims), many respondents reported concerns over apparent exclusions based on the eligibility criteria, and therefore felt that the positive impact of the Young Carer Grant would be limited. These exclusions (typically cited by more than one respondent each) included:

• The exclusion of those who care for someone who suffers from mental health issues and/or addictions (due to the need for the cared-for person to be in receipt of a disability benefit);
• The definition of 'care' being seen to be more restrictive than that used in the Carers (Scotland) Act and in the eligibility criteria for Carer's Allowance. In particular, it was suggested the exclusion of social, emotional and mental support within the definition of caring, meant that those caring for individuals with mental health issues and/or addictions would not be eligible for the grant, as well as those that provided assistance with more day-to-day activities and/or supervision to keep someone safe (such as doing the shopping, accompanying a cared-for person on activities in case they fall, etc.);
• The age range and need to be at school may exclude:
  • those (aged 18) that are in non-traditional forms of education, e.g. home educated;
  • 18 year olds in further education (but who are not eligible for Carer's Allowance due to being in full-time education);
  • those aged 18 that have left education (but may have difficulty in accessing Carer's Allowance due to not meeting the hours required and/or where another claimant already exists for the same cared-for person);
  • young adult carers (i.e. aged 18-25), where it was felt that many young people would be unable to top-up their income through work, and/or again, where a young adult carer is at university full-time they cannot apply for Carer's Allowance (note: this was only discussed by one respondent); and
• Allowing only one Carer's Allowance and/or Young Carer application/grant per cared-for person was considered to exclude situations where more than one carer contributes. It was felt this could be considered discriminatory against one carer in favour of another. In particular, it was noted that the scale of the caring responsibilities and time spent in the caring role was not taken into consideration in such situations, so it would be possible for those with more significant responsibilities and impact on their own opportunities being refused the Young Carer Grant (where another carer has already been paid a carer grant) while those with lesser time inputs and responsibilities are granted it.

One organisation also discussed the lack of information within the consultation document around how a 'caring role' definition would be established and substantiated. They felt it was essential that an effective and fair way to quantify 16 hours of 'caring' be developed prior to the implementation of the grant, otherwise, they felt that some young carers may lose out. Further, they suggested (in response to a later consultation question) that, without a clearly defined method to establish caring responsibilities and time input, the process could be open to abuse and false claims:

"As it's currently unclear how the 'caring role' will be established/substantiated the process could be open to abuse by young people claiming falsely that they are providing 16+ hours per week. This would not be aligned to the principle that the grant should be targeted only where needed." (Organisation)

This same organisation also suggested that the Scottish Government may have significantly underestimated the number of young carers living in Scotland and felt that the Young Carer Grant would do little to assist 'hidden' young carers due to the need for the cared-for person to have a qualifying benefit:

"We believe that the figure estimated by the Scottish Government of 1,700 eligible for this new grant underestimates Scotland's actual young carer population overall and that these regulations will not significantly narrow the sizeable gap between identified and 'hidden' young carers as only those caring for someone with a qualifying benefit will be eligible for the grant." (Organisation)

Other issues raised by one respondent each included:

• That there was an overarching need for simplicity in the grant and application process. This respondent was concerned that the relatively small amount of money available meant that if the application process was overly complex young carers would be less likely to apply;
• That young carers may be more likely to spend the grant in supporting their family rather than on themselves, thus it may not have the direct intended positive impact on young carers themselves (discussed more below);
• That a payment of £300 to cover a 12 month period may not be sufficient enough to make a significant difference to a young carer and allow them to remain in full-time education; and
• That the Young Carer Grant should provide the option of spreading out the payment into smaller instalments.

Overall, however, most respondents felt that the policy aims would be met, and even where concerns were raised this tended to focus on the limitations of the eligibility criteria and suggested amendments to ensure the grant is available to as many deserving young carers as possible:

"If the laudable aims of the young carer grant are to be achieved, then as many eligible young carers as possible should receive it. In order to do this, consideration will need to be given to simplifying the application process and slightly broadening the criteria for entitlement." (Organisation)

Unintended Consequences of the Regulations

Respondents were also asked to identify any potential unintended consequences of the regulations.

Q2. Can you identify any potential unintended consequences of the regulations?

	Number	Percentage
Yes	49	65%
No	23	31%
No response	3	4%
Total	75	100%

Nearly two thirds (65%) of respondents indicated that there were potential unintended consequences of the draft regulations. These respondents were again asked to further explain their response. As with the comments provided at Q1, the consequences identified focused mostly on the perceived exclusions or young carers who may fall through the gaps in the eligibility criteria.

Eligibility Exclusions

Many respondents (both individuals and organisations) identified the challenges and exclusions created by the age criteria and need to be attending a school (thus excluding those being home educated, those in further/higher education, and those trying to enter the jobs market). They felt that the grant should be provided on a more inclusive basis for all young carers aged 16-18 (with one respondent stating the eligible age should be extended to 21) regardless of their educational/work status:

"I think that young carers at the age of 18 should still get the grant if they are still in education such as college/university." (Individual)

"If you are not at school but still 18, you should still be able to get the grant." (Individual)

"No matter their age or the type of education a young person is receiving, being a young carer still presents barriers that this grant is seeking to help overcome. We therefore suggest that as a minimum, 18-year-olds should be eligible no matter the type of education they are in." (Organisation)

Similarly, the definition of caring as provided in the draft regulations was considered too restrictive and may unintentionally result in the exclusion of those providing emotional (rather than practical) support:

"The definition of caring is too narrow. Caring is not just about the physical needs - it can (and should) be about the person's emotional needs as well." (Individual)

"Young Carers who provide social and emotional support which is invaluable for cared-for persons with mental health illness will be excluded." (Organisation)

Indeed, several organisations highlighted that the definition for caring differed from/was stricter than those used in other legislation/benefits (which can provide greater financial support). One organisation suggested it would be important to ensure that the Young Carer Grant was not unintentionally more restrictive while three others felt that the additional requirements for the Young Carer Grant were largely unnecessary, generated negative consequences for young carers, and undermined the stated policy aims:

"This is more specific than the provisions in the Social Security (Scotland) Act for Carer's Assistance. Whilst not appearing to be an unreasonable description, clarification on whether this is based on an existing description would be welcome. Care must be taken to ensure that the eligibility for the Young Carer Grant is not unintentionally more restrictive than that for other carer's benefits." (Organisation)

"We find the definition of care in the draft regulations too prescriptive (5.2) and doesn't encompass many young carers' experience of caring… We are unclear why, if eligibility is linked to the cared-for person(s) being in receipt of a qualifying benefit (as in Carer's Allowance) why further qualifying criteria or definitions are needed beyond the hours requirement. This restrictive definition will mean that many young carers with very significant caring responsibilities will not be supported - most notably those who provide significant emotional support to their cared-for person." (Organisation)

Several respondents also felt that the need for the cared-for person to be in receipt of specific benefits was restrictive and would exclude certain groups of young carers, particularly those supporting people with mental health issues and addictions:

"Young carers may be carrying out a significant caring role, however if the family are not claiming certain benefits, then the young carer is not eligible for the grant therefore they miss out on this." (Organisation)

"Young carers caring for someone with mental health problems or an addiction who may not receive a qualifying disability benefit may be most at risk of not receiving support although they may have intense caring responsibilities. Also, young carers caring for someone who have had their benefits stopped will also not benefit from this support." (Organisation)

In particular, two organisations identified ongoing issues of the Personal Independence Payment (PIP) and suggested that, because this was one of the main qualifying benefits detailed in the draft regulations, these issues could produce unintended consequences for the Young Carer Grant. It was suggested that a large number of PIP claimants have disputed decisions, resulting in subsequent reversal of decisions and backdating of awards. Combined with significant numbers of 'hidden' claimants, this could have an impact on eligibility and uptake of the Young Carer Grant:

"Even if barriers, such as stigma and a lack of awareness among services are addressed, we could still see 'eligible' young carers enmeshed in the PIP problems and therefore unable to claim the Young Carer Grant. This could be of particular importance for those caring for someone with a stigmatising condition, such as mental health problems that will be affected by the legal ruling on psychological distress." (Organisation)

Unfairly excluding young carers from eligibility where a carer's grant is already being paid to another person (when sharing the care of the same person) was again highlighted. This was considered problematic both in terms of unfairly excluding deserving young carers from the support, and in creating potential conflict between carers/young carers regarding who would apply/receive the grant, as well as perpetuating the risk that 'hidden' young carers remain unidentified. Rather, respondents felt that all young carers who provide the required hours of care should be eligible for support, regardless of other carers also claiming support:

"We believe that if a young person meets all the eligibility conditions then they should be entitled to the full grant, even if another young person has already received a Young Carer Grant payment for providing care for the same cared-for person. However, we do not agree for Young Carer Grant payments to be shared, but for each young person who meets the criteria to receive the grant in full. The approach for the new Best Start Grant is to not put a limit on the number of children supported, so we believe the Scottish Government should also take this approach for the Young Carer Grant and support all young carers who meet the eligibility conditions." (Organisation)

It was also suggested by one organisation that only supporting one applicant per cared-for person may introduce practical difficulties, both for applicants and the Social Security Agency, in verifying other carers in receipt of benefits. As such, they suggested accepting multiple carers:

"Under regulation 7(2), there is potential for error as it could be practically difficult to know if any other person is in receipt of the listed benefits. We suggest simplifying this provision so that it is easier for individuals to comply, and easier for the agency to verify - e.g., by allowing a grant regardless of whether another carer is in receipt of carer's allowance." (Organisation)

Currently, several respondents felt that the regulations seemed more complex than was necessary. One organisation suggested this risked the creation of a more complex application process, while two other organisations suggested that the restrictions on eligibility would mean that the majority of young people who have caring responsibilities that impact on their lives would still be unable to access this support.

Encouraging Caring Roles

Two organisations highlighted a risk that the Young Carer Grant could result in young people continuing in caring roles rather than maximising their life opportunities, and could increase 'carer identity' which may have a negative impact on the young person's sense of agency. It was felt that, for some, there may be pressure placed on young carers to increase the hours they care for someone in order to access the grant, or that young carers could become subsumed into a "cheaper" version of a Self-Directed Support (SDS) personal assistant (i.e. an adult might decline to make a client contribution because it is a cheaper option to have a family member deliver the care). It was also suggested by one of these organisations that the Young Carer Grant may be seen by some families as a 'gateway' to Carer's Allowance. Therefore, there could be a perception that the young carer should continue in their caring role when it is not in their best interests to do so. Rather, both organisations felt that emphasis needed to be placed on maximising the personal opportunities, for example, through accessing further or higher education, training, apprenticeships or employment:

"The grant has the potential to support young carers in this transition period and must not been seen as an incentive to prioritise their caring role over their future plans." (Organisation)

"For some families, having a son or daughter as a personal carer may be preferred to considering SDS and could increase the pressure on Young Carers. This would again raise the issue of the rights of the Young Carer versus the cared-for person and whether Young Carers are becoming trapped in the caring role versus having a life outside of caring." (Organisation)

One respondent, however, noted that, while there may be a risk of a perception being created that young carers should continue in their caring roles when it is not in their best interests, they felt that the small amount of money the Young Carer Grant represents meant it was unlikely that young carers would feel pressured into increasing their caring responsibilities simply to qualify:

"Due to the level of grant, we do not think that is very likely that young carers would increase, or be pressured to increase, their caring responsibilities in order to qualify for the grant." (Organisation)

They suggested that, alongside the grant, the Scottish Government and partners should consider how best to support young carers, including enabling them to access additional support for themselves and the person they care for, supporting them to identify and decide on their future goals and ensuring that their caring role is not a barrier to their aspirations, and supporting young carers in sustaining further education.

Other Unintended Consequences

Two respondents commented that there may be issues for young carers that do not have bank accounts, while another two respondents suggested that some young carers will require help to complete the application process/form. One organisation also stressed the need for the application process to be simple, and felt that if this was complex then fewer eligible young people would apply, thus weakening the overall impact of the grant.

As above, some respondents suggested that the grant may not be used to benefit the young carer as intended, for example, the cared-for person or other persons may take the money for their own use, or the young carer may use it to pay household bills or for other household needs, or they may use it for irresponsible purchases. A few respondents therefore suggested that some form of support should be made available to applicants regarding how to spend the grant and/or that more thought may be necessary around how best to safeguard or monitor the use of the Young Carer Grant.

One respondent also highlighted the perceived differing values being placed on the care provided by young carers compared to those claiming Carer's Support Allowance:

"In comparing the Young Carer Grant with the Carer's Support Allowance, it is possible that some unfortunate comparisons could be read into the value of young carers support. Young Carer Grant will total £300 per annum whilst the Carer's Support Allowance could total £4,000. Whilst we acknowledge that the Scottish Government is not keen to "encourage" a caring role for people under the age of 18, the value placed on that care must be considered." (Organisation)

Areas for Additional Clarity

Other areas that organisations sought clarity over included whether young carers would still be eligible to apply for other grants and sources of financial assistance if they were in receipt of the Young Carer Grant, and whether the provision/use of respite care may jeopardise the success of a Young Carer Grant application if this was used during the 13 week claim period.

Individual organisations also identified information that was not provided within the draft regulations and/or linkages to future (and therefore unconfirmed) regulations, and sought clarity over a number of points. These included:

• How it would be confirmed that the young person was in school. If information is required to be provided by local authorities then, it was felt this would be a new burden on them that will require Scottish Government funding;
• If a Young Carer Statement would be required as evidence in the application process, consideration would have to be given as to how services, including the third sector, will work together to ensure Health and Social Care Partnerships (HSCPs) can fulfil this duty. It was also suggested that consideration would be needed regarding the difficult and contradictory position that Carer Services could be placed in, i.e. of having to provide a Young Carer Statement as the Young Carer wants to achieve hours to access the grant while at the same time trying to alleviate the caring role;
• Whether it is intended for the form of application for the Young Carer Grant to be added to the regulations, or made in a separate set covering applications for all devolved benefits; and
• That consideration could be given to whether Severe Disablement Allowance (which is due to be devolved) could be included as a qualifying benefit. Once the devolved benefits are established, in addition to receiving an appropriate qualifying disability benefit, it may be worthwhile including receipt of Short Term Assistance as a further qualifying condition. This was considered beneficial in order to ensure that, if a cared-for person loses entitlement to disability benefit, but is challenging the decision through the re-determination and appeals process, their carer would not lose entitlement to Carer's Allowance as a consequence.

Suggested Amendments/Additions to the Draft Regulations

Specific recommended amendments and/or additions to the draft regulations were also given by a number of individual respondents, as follows:

• To remove the reference to being a pupil in regulation 4(2)(2)(b) so that all 18-year-olds would be eligible (it was noted that anyone entitled to Carer's Allowance is prevented from getting a Young Carer Grant by regulation 7(2), and young people not in education will receive more support from Carer's Allowance);
• That regulation 5(2) could be removed as it has the potential to make the process unnecessarily prescriptive (one organisation also suggested that, in order to simplify the process further, regulation 5(3) should be replaced with a 'normal hours test', i.e. rather than having strict criteria for the numbers of hours care is provided each week, and requiring the average to be calculated over a lengthy period, it should be sufficient that care is normally provided for at least 16 hours each week);
• In regulation 6(1), the line on consenting to the Scottish Ministers accessing benefit records could be removed for simplicity (it was noted that this would likely be covered by the application form and therefore seemed unnecessary). This respondent also suggested that, as a matter of good practice, the person being cared for should know this application is being made;
• In regulation 6(2)(c) 'Invalid Care Allowance' is not necessary as it was felt that this was covered by (b) - 'Carer's Allowance';
• That the timescales for re-determinations and appeals for Young Carer Grant should be included in the regulations;
• That applicants should be able to combine hours caring for more than one person to meet the required 16 hours per week; and
• One respondent felt that provision should be made for an application to be treated as made on the date from which a qualifying benefit is eventually awarded, rather than on the date the application is made (assuming that the eligibility criteria were met on that date). They noted this would require a consequential change to the current regulation 7(2)(d), allowing one grant a year to be paid to eligible young people.