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4 November, 2020 Open access

Extension of period when coronavirus-related breaks in care do not affect entitlement to carer’s allowance in Scotland

New statutory instrument

New legislation has been issued in relation to the period when coronavirus-related breaks in care do not affect entitlement to carer's allowance in Scotland.

In force from 3 December 2020, the Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Amendment Regulations 2020 (SSI.No.350/2020) extend the period for which regulation 2 of the Carer’s Allowance (Coronavirus) (Breaks in Care) (Scotland) Regulations 2020 (the Breaks in Care Regulations) has effect, so that it expires on 12 May 2021 rather than on 3 December 2020.

NB - regulation 2 provides that breaks in care taken as a result of a carer or cared-for person’s infection with, or self-isolation due to, COVID-19 do not count towards a carer’s total permitted breaks.

In addition, the regulations insert a new regulation 4 into the Breaks in Care Regulations to provide that, where a person has received carer’s allowance during a break in care associated with coronavirus, the eventual expiry of regulation 2 does not cause the period covered by the break to be counted against the person’s entitlement to receive carer’s allowance during a break in care which takes place after the expiry date.

SSI.No.350/2020 is available from legislation.gov.uk