CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
SOCIAL SECURITY
The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026
Made3rd March 2026
Coming into force15th March 2026
The Secretary of State makes this Order in exercise of the powers conferred by section 104, 112(1) and 113(5) of the Scotland Act 19981.
In accordance with paragraphs 1, 2 and 3 of Schedule 7 to that Act a draft of this Order has been laid before and approved by a resolution of each House of Parliament.
Part 1 Citation, commencement and extent¶
1 Citation, commencement and extent¶
Part 2 England and Wales¶
2 Amendment of the Social Security Contributions and Benefits Act 1992¶
In the Social Security Contributions and Benefits Act 19922, in section 70(7B) (carer’s allowance), for “carer’s assistance” substitute “the carer support payment component of carer support”.3 Amendment of the Social Security (Invalid Care Allowance) Regulations 1976¶
In the Social Security (Invalid Care Allowance) Regulations 19763, in regulation 7(5) (manner of electing the person entitled to a carer’s allowance in respect of a severely disabled person for the purposes of section 70 of the Contributions and Benefits Act), for “carer’s assistance” substitute “the carer support payment component of carer support”.Part 3 England and Wales and Scotland¶
4 Amendment of the Social Security Contributions and Benefits Act 1992¶
In the Social Security Contributions and Benefits Act 19924, in section 150(2) (interpretation of Part 10), in the definition of “carer support payment”, for “carer’s assistance” substitute “the carer support payment component of carer support”.5 Amendment of the State Pension Credit Act 2002¶
In the State Pension Credit Act 20025, in section 17(1) (other interpretation provisions), in the definition of “carer support payment”, for “carer’s assistance” substitute “the carer support payment component of carer support”.6 Amendment of the Social Security (Credits) Regulations 1975¶
In the Social Security (Credits) Regulations 19756, in regulation 7A(3) (credits for carer’s allowance or carer support payment), for “carer’s assistance” substitute “the carer support payment component of carer support”.7 Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979¶
In the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 19797, in regulation 4(1)(b)(v) (days to be treated as days of increment), for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.8 Amendment of the Income Support (General) Regulations 1987¶
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9 Amendment of the Social Security (Claims and Payments) Regulations 1987¶
In the Social Security (Claims and Payments) Regulations 19879, in regulation 3A(6) (notification that claim not required for entitlement to a Category A or B retirement pension), in paragraph (ab) of the definition of “non-exempt benefit”, for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.10 Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988¶
In the Social Security (Payments on account, Overpayments and Recovery) Regulations 198810, in regulation 5(2B) (offsetting prior payment against subsequent award), in the definition of “carer support payment”, for “carer’s assistance” substitute “the carer support payment component of carer support”.11 Amendment of the Income Support (Liable Relatives) Regulations 1990¶
In the Income Support (Liable Relatives) Regulations 199011, in regulation 2(1)(e) (prescribed amounts for the purposes of section 24A of the Act), for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.12 Amendment of the Jobseeker’s Allowance Regulations 1996¶
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13 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999¶
In the Social Security and Child Support (Decisions and Appeals) Regulations 199913, in regulation 7(2B) (date from which a decision superseded under section 10 takes effect), for “carer’s assistance” substitute “the carer support payment component of carer support”.14 Amendment of the Social Security (Work-focused Interviews) Regulations 2000¶
In the Social Security (Work-focused Interviews) Regulations 200014, in regulation 6(4)(b) (continuing entitlement dependent upon an interview), for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.15 Amendment of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000¶
In the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 200015, in regulation 2ZB(5)(a) (general requirement for lone parents entitled to income support to take part in an interview), for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.16 Amendment of the Social Security (Jobcentre Plus Interviews) Regulations 2002¶
In the Social Security (Jobcentre Plus Interviews) Regulations 200216, in regulation 4(4)(a) (continuing entitlement to specified benefit dependent on an interview) for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.17 Amendment of the State Pension Credit Regulations 2002¶
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18 Amendment of the Social Security (Deferral of Retirement Pensions) Regulations 2005¶
In the Social Security (Deferral of Retirement Pensions) Regulations 200518, in regulation 3(1)(a)(v) (amount of retirement pension not included in the calculation of the lump sum) for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.19 Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005¶
In the Social Fund Maternity and Funeral Expenses (General) Regulations 200519, in regulation 10(1A)(ca) (deductions from an award of a funeral payment), omit “payment” in the first place it appears.20 Amendment of the Housing Benefit Regulations 2006¶
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21 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006¶
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22 Amendment of the Employment and Support Allowance Regulations 2008¶
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23 Amendment of the Social Security (Contributions Credits for Parents and Carers) Regulations 2010¶
24 Amendment of the Child Support Maintenance Calculation Regulations 2012¶
In the Child Support Maintenance Calculation Regulations 201224, in regulation 44(1)(j) (flat rate) for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.25 Amendment of the Universal Credit Regulations 2013¶
In the Universal Credit Regulations 201325, in regulation 2 (interpretation), in the definition of “carer support payment”, for “carer’s assistance” substitute “the carer support payment component of carer support”.26 Amendment of the Jobseeker’s Allowance Regulations 2013¶
In the Jobseeker’s Allowance Regulations 201326, in regulation 2(2) (general interpretation), in the definition of “carer support payment”, for “carer’s assistance” substitute “the carer support payment component of carer support”.27 Amendment of the Employment and Support Allowance Regulations 2013¶
28 Amendment of the Universal Credit (Transitional Provisions) Regulations 2014¶
In the Universal Credit (Transitional Provisions) Regulations 201428, in Schedule 2 (claimants previously entitled to a severe disability premium), in paragraph 8(3), for “carer’s assistance” substitute “the carer support payment component of carer support”.29 Amendment of the State Pension Regulations 2015¶
Part 4 Northern Ireland¶
30 Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992¶
In the Social Security Contributions and Benefits (Northern Ireland) Act 199230, in section 70(7B) (carer’s allowance) for “carer’s assistance” substitute “the carer support payment component of carer support”.31 Amendment of the State Pension Credit Act (Northern Ireland) 2002¶
In the State Pension Credit Act (Northern Ireland) 200231, in section 2(8A) (guarantee credit), for “carer’s assistance” substitute “the carer support payment component of carer support”.32 Amendment of the Social Security (Credits) Regulations (Northern Ireland) 1975¶
In the Social Security (Credits) Regulations (Northern Ireland) 197532, in regulation 7A(3) (credits for carer’s allowance), for “carer’s assistance” substitute “the carer support payment component of carer support”.33 Amendment of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976¶
In the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 197633, in regulation 2(1) (interpretation), in the definition of “carer support payment”, for “carer’s assistance” substitute “the carer support payment component of carer support”.34 Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) (Northern Ireland) Regulations 1979¶
In the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 197934, in regulation 4(1)(b)(v) (days to be treated as days of increment), for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.35 Amendment of the Income Support (General) Regulations (Northern Ireland) 1987¶
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36 Amendment of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987¶
In the Social Security (Claims and Payments) Regulations (Northern Ireland) 198736, in regulation 2(1) (interpretation), in the definition of “carer support payment”, for “carer’s assistance” substitute “the carer support payment component of carer support”.37 Amendment of the Income Support (Liable Relatives) Regulations (Northern Ireland) 1990¶
In the Income Support (Liable Relatives) Regulations (Northern Ireland) 199037, in regulation 2(1)(e) (prescribed amounts for the purposes of Article 25A of the Order), for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.38 Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996¶
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39 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999¶
In the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 199939, in regulation 1(2) (citation, commencement, application and interpretation), in the definition of “carer support payment”, for “carer’s assistance” substitute “the carer support payment component of carer support”.40 Amendment of the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001¶
In the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 200140, in regulation 2ZB(5)(a) (general requirement for lone parents entitled to income support to take part in an interview), for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.41 Amendment of the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001¶
In the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 200141, in regulation 5(4)(b) (continuing entitlement dependent upon an interview), for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.42 Amendment of the State Pension Credit Regulations (Northern Ireland) 2003¶
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43 Amendment of the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003¶
In the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 200343, in regulation 3(4)(a) (continuing entitlement to full amount of a specified benefit dependent on an interview), for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.44 Amendment of the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005¶
In the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 200544, in regulation 3(1)(a)(v) (amount of retirement pension not included in the calculation of the lump sum) for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.45 Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005¶
In the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 200545, in regulation 10(1A)(ca) (deductions from an award of a funeral payment), omit “payment” in the first place it appears.46 Amendment of the Housing Benefit Regulations (Northern Ireland) 2006¶
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47 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006¶
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48 Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008¶
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49 Amendment of the Social Security (Contributions Credits for Parents and Carers) Regulations (Northern Ireland) 2010¶
50 Amendment of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012¶
In the Child Support Maintenance Calculation Regulations (Northern Ireland) 201250, in regulation 43(1)(j) (flat rate), for “carer support payment under” substitute “the carer support payment component of carer support given in accordance with”.51 Amendment of the State Pension Regulations (Northern Ireland) 2015¶
52 Amendment of the Universal Credit Regulations (Northern Ireland) 2016¶
In the Universal Credit Regulations (Northern Ireland) 201652, in regulation 2(1) (interpretation), in the definition of “carer support payment”, for “carer’s assistance” substitute “the carer support payment component of carer support”.53 Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016¶
In the Jobseeker’s Allowance Regulations (Northern Ireland) 201653, in regulation 2(2) (general interpretation), in the definition of “carer support payment”, for “carer’s assistance” substitute “the carer support payment component of carer support”.54 Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2016¶
55 Amendment of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016¶
In the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 201655, in Schedule 2 (claimants previously entitled to a severe disability premium), in paragraph 8(3), for “carer’s assistance” substitute “the carer support payment component of carer support”.Part 5 England and Wales and Scotland and Northern Ireland¶
56 Amendment of the Social Security (Contributions) Regulations 2001¶
In the Social Security (Contributions) Regulations 200156, in regulation 43(1) (exception from Class 2 contributions), for sub-paragraph (e) substitute—.
Footnotes
- 1
1998 c. 46. There are amendments to sections 104 and 112 which are not relevant to this Order.
- 2
1992 c. 4; section 70(7B) was inserted by S.I. 2023/1214.
- 3
S.I. 1976/409, amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 4
1992 c. 4; the relevant definition within section 150(2) was inserted by S.I. 2023/1214.
- 5
2002 c. 16. Section 17(1) was amended by S.I. 2023/1214.
- 6
S.I. 1975/556, amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 7
S.I. 1979/642, amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 8
S.I. 1987/1967; relevant amending instruments are S.I. 1990/1776, 1991/1559, 2002/2497, 2003/2279, 2023/1218, 2002/2020 and 2021/886.
- 9
S.I. 1987/1968; relevant amending instruments are S.I. 2010/1794 and 2023/1218.
- 10
S.I. 1988/664, amended by S.I. 2024/282; there are other amending instruments but none is relevant.
- 11
S.I. 1990/1777; relevant amending instruments are S.I. 2002/2497 and 2023/1218.
- 12
S.I. 1996/207; relevant amending instruments are S.I. 2000/681, 2000/1978, 2002/2020 and 2023/1218.
- 13
S.I. 1999/991, amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 14
S.I. 2000/897; relevant amending instruments are S.I. 2005/2727 and 2023/1218.
- 15
S.I. 2000/1926; relevant amending instruments are S.I. 2011/2428 and 2023/1218.
- 16
S.I. 2002/1703; relevant amending instruments are S.I. 2011/2428 and 2023/1218.
- 17
S.I. 2002/1792, amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 18
S.I. 2005/453, amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 19
S.I. 2005/3061; relevant amending instruments are S.I. 2013/247 and 2023/1218.
- 20
S.I. 2006/213, amended by S.I. 2023/1218 and S.I. 2021/886; there are other amending instruments but none is relevant.
- 21
S.I. 2006/214, amended S.I. 2023/1218; there are other amending instruments but none is relevant.
- 22
S.I. 2008/794, amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 23
S.I. 2010/19, amended by S.I. 2023/1218.
- 24
S.I. 2012/2677; relevant amending instruments are S.I. 2015/1985 and 2023/1218.
- 25
S.I. 2013/376, amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 26
S.I. 2013/378, amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 27
S.I. 2013/379, amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 28
S.I. 2014/1230; relevant amending instruments are S.I. 2021/4, 2023/543 and 2023/1218.
- 29
S.I. 2015/173; relevant amending instruments are S.I. 2016/240 and 2023/1218.
- 30
1992 c. 7. Section 70(7B) was inserted by S.I. 2023/1214.
- 31
2002 c. 14 (N.I.). Section 2(8A) was inserted by S.I. 2023/1214.
- 32
S.R. 1975 No. 113; relevant amending instruments are S.R. 1976 No. 99, S.R. 2002 No. 323 and S.I. 2023/1218.
- 33
S.R. 1976 No. 99; relevant amending instrument S.I. 2023/1218.
- 34
S.R. 1979 No. 243; amended instrument S.I. 2023/1218; there are other amending instruments but none is relevant.
- 35
S.R. 1987 No. 459; relevant amending instruments are S.R. 1990 No. 346, S.R. 1991 No. 338, S.R. 1992 No. 6, S.R. 2000 No. 74, S.R. 2002. Nos. 322 and 323, S.R. 2003 No. 417, S.R. 2019 No. 195, S.I. 2021/886 and S.I. 2023/1218.
- 36
S.R. 1987 No. 465; relevant amending instruments are S.R. 2010 No. 337, S.R. 2011 No. 296 and S.I. 2023/1218.
- 37
S.R. 1990 No. 375; relevant amending instruments are S.R. 2002 No. 323 and S.I. 2023/1218.
- 38
S.R. 1996 No. 198; relevant amending instruments are S.R. 2000 Nos. 74, 350 and 366, S.R. 2002 Nos. 295, 322 and 323, S.R. 2003 Nos. 154 and 417, S.R. 2019 No. 195, S.I. 2021/886 and S.I. 2023/1218.
- 39
S.R. 1999 No. 162; amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 40
S.R. 2001 No. 152; amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 41
S.R. 2001 No. 176; relevant amending instruments are S.R. 2002 No. 323 and S.I. 2023/1218.
- 42
S.R. 2003 No. 28; relevant amending instruments are S.I. 2021/886 and S.I. 2023/1218.
- 43
S.R. 2003 No. 274; amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 44
S.R. 2005 No. 120; amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 45
S.R. 2005 No. 506; amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 46
S.R. 2006 No. 405; amended by S.I. 2021/886 and S.I. 2023/1218; there are other amending instruments but none is relevant.
- 47
S.R. 2006 No. 406; amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 48
S.R. 2008 No. 280; relevant amending instruments are S.I. 2023/1218 and 2021/886.
- 49
S.R. 2010 No. 82; regulation 7(1) was amended by S.I. 2023/1218.
- 50
S.R. 2012 No. 427; amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 51
S.R. 2015 No. 315; amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 52
S.R. 2016 No. 216, amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 53
S.R. 2016 No. 218; amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 54
S.R. 2016 No. 219; amended by S.I. 2023/1218; there are other amending instruments but none is relevant.
- 55
S.R. 2016 No. 226; relevant amending instruments are S.R 2019 No. 152, S.R. 2021 No. 2, and S.I. 2023/1218.
- 56
S.I. 2001/1004; relevant amending instruments are S.I. 2002/2924 and 2023/1218.