Main regulations come into force

Regulations 8 to 15 of the Carer's Assistance (Carer Support Payment) (Scotland) Regulations 2023 came into force on 19 November 2023¹. The instrument was made by the Scottish Ministers on 25 October 2023 under powers in the Social Security (Scotland) Act 2018, and was laid before and approved by resolution of the Scottish Parliament¹. Regulation 13(2) and (3) were originally set to come into force on a later date, which was substituted to 23 June 2024¹.

The regulations set out what Carer Support consists of and who can receive it. Carer Support is to consist of three components: Carer Support Payment, Scottish Carer Supplement and Carer Additional Person Payment¹. Carer Support may only be paid in respect of an individual aged 16 or over, and Carer Support Payment may only be paid to an individual who provides regular and substantial care to a person to whom a qualifying disability benefit is normally payable, described as the "cared for person"¹. The care must amount to at least 35 hours in an award week, an award week being a period of seven days beginning on a Sunday and ending on a Saturday¹.

The regulations also set conditions on overlapping entitlement. No individual can be entitled to Carer Support Payment in respect of a cared for person where another individual is entitled to Carer's Allowance or the carer element of Universal Credit in respect of that cared for person¹. No individual can be entitled to more than one Carer Support Payment in respect of the same period¹. An individual may be entitled to Carer Support Payment in respect of a cared for person where another individual is entitled to Young Carer Grant for that cared for person¹. Care provided under a contract, or as voluntary work for a charity or other not-for-profit organisation for which no payment is received other than reasonable expenses, does not count¹.

Residence and presence conditions apply. An individual must be ordinarily resident in Scotland, habitually resident in the common travel area, not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999, present in the common travel area, and have been present there for at least 26 weeks of the 52 weeks immediately preceding the day in question¹. The regulations provide exceptions, including for people habitually resident in Ireland with a genuine and sufficient link to Scotland, and for those with leave to enter or remain under the Afghan Relocations and Assistance Policy or the previous scheme for locally-employed staff in Afghanistan¹. The past presence condition does not apply where an individual has a terminal illness, or cares for a person who has a terminal illness or receives certain payments including Armed Forces Independence Payment or Constant Attendance Allowance at specified rates¹.

Why it matters for households

The regulations govern a Scottish benefit for people providing at least 35 hours of care a week to someone receiving a qualifying disability benefit¹. The rules took effect on 19 November 2023, with the provisions in regulation 13(2) and (3) following on 23 June 2024¹. The entitlement rules mean a household cannot receive Carer Support Payment for the same cared for person at the same time as Carer's Allowance or the carer element of Universal Credit¹, and no one can receive more than one Carer Support Payment for the same period¹. The residence tests require ordinarily resident status in Scotland and a period of presence in the common travel area, with defined exceptions¹. The regulations have been amended since they were made, including changes substituted on 23 June 2024 and 6 November 2025, and a sum in regulation 14(1) substituted from 5 April 2026¹.

What happens next

The regulations as published record amendments with effect from 23 June 2024, 6 November 2025 and 5 April 2026¹. No further commencement dates beyond those are set out in the instrument¹.