16 March, 2021 Open access
16 March, 2021 Open access
New statutory instrument
New regulations have been issued in relation to treating carer's allowance claimants in Scotland as engaged in caring during temporary breaks due to Covid-19.
In force from 12 May 2021, the Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Amendment Regulations 2021 (SSI.140/2021) extend the period that changes to carer’s allowance rules on breaks in care in light of coronavirus remain in place - which have the effect that breaks in care taken as a result of a carer's or cared-for person’s infection with, or self-isolation due to, coronavirus do not count towards the carer’s total permitted breaks - from 12 May 2021 to 31 August 2021.
The regulations also extend the period during which the normal requirement to have provided care over a certain number of weeks in order to continue to qualify for carer’s allowance during a break in care (under regulation 4(2) of the Social Security (Invalid Care Allowance) Regulations 1976) is disapplied, from 13 May 2021 to 1 September 2021.
NB - the policy note to the regulations confirms that Covid-19-related easements to the general requirement for care to be provided in the physical presence of the cared-for person will also be extended -
‘… administrative guidance on carer’s allowance was also amended to allow for care which does not take place in the physical presence of the cared-for person to count towards the caring hours requirement for carer’s allowance. This was to ensure that, on a temporary basis, other forms of care such as remote provision of emotional support may entitle a person to continue receiving carer’s allowance, where care in the physical presence of the cared-for person is prevented by coronavirus. This is not a matter for regulations but these guidance changes will also remain in place in line with the extension of [the breaks in care rule changes].’
SSI.140/2021 is available from legislation.gov.uk
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