Effective date for an increase or reinstatement of a Carer Support award
Change of circumstances or reinstatement after a temporary stop in entitlement
NB: Effective dates for increases in entitlement are dealt with under regulation 28 of the Carer Support Payment regulations. Effective dates for reinstating an award after a temporary stop in entitlement are dealt with under regulation 23. In both cases, the effective date is set in the same way. See below.
If a client has a change of circumstances which would lead to their award being increased or reinstated, this will take effect when:
If the client has told us within 13 weeks of the change
- If the client tells us about a change within 13 weeks of it occurring it can be effective from the first day of the award week in which the individual satisfies the conditions for the increase (Carer Support Payment regulations, reg, 28(1)(a)(i)(aa)) . In the case of reinstatement (Carer Support Payment Regulations, regulation 23(9)(a) or (10)(a)) of an award, this takes effect from the first day of the award week in which that change occurred. This is in line with Carer Support rules on backdating, and ensures clients can receive all of the support they are entitled to where they aren’t able to tell us immediately about a change of circumstances.
- Carer Support Payment is only paid at one rate but a carer may have a change of circumstances which increases their award if they are receiving a benefit which overlaps with Carer Support Payment (so that their Carer Support Payment award is reduced) and this benefit ends, or if they start being eligible to receive the Carer Additional Person Payment component of Carer Support.
- Carers whose Carer Support award has been temporarily stopped may also have a change of circumstances which will allow their award to be reinstated – for example where their award has been temporarily stopped due to earnings over the earnings threshold and their earnings have then reduced.
- Carers may become eligible for Carer Additional Person Payment for the first time, or may have a change of circumstances which allows a previously stopped Carer Additional Person Payment to be reinstated – for example where the additional cared for person’s qualifying disability benefit has started being paid again after a stay in hospital. This is dealt with as a change of circumstances and so the effective date would be the first day of the award week in which the individual satisfies the requirements (Carer Support Payment regulations, reg, 28(1)(a)(i)(aa)).
Example 14a – providing care again after a temporary stop in entitlement
Antonio is a carer for his father, Felix. Antonio was unable to care for his father for three weeks as he needed to visit other family members abroad and after he reported a temporary stop in care, his Carer Support was stopped from 14/07/2024 as he had exceeded the allowable breaks in care for the period. Antonio begins providing 35 hours of care a week for Felix on 23/07/2024, and reports this to Social Security Scotland on 10/08/2024. As this is within 13 weeks of the change, the effective date for this change is 21/07/2024, the first day of the award week in which Antonio resumed providing care for Felix.
Example 14b – becoming eligible for Carer Additional Person Payment
Chioma is a carer for her grandmother Amara and receives Carer Support Payment and Scottish Carer Supplement components of Carer Support. She often helps out her grandmother’s neighbour Frank and over time this has increased so that by 30/08/26 Chioma is providing care to Frank most days, as well as to her grandmother. Chioma notifies Social Security Scotland on 18/09/26 that she is providing this additional care. The decision maker requests more information from Chioma about the care she provides for Frank, and on receipt of this information determines that Chioma has been caring for Frank for at least 20 hours per week since 30/08/26. Because Chioma notified of the change within 13 weeks, the determination can take effect from the first day of the award week when she satisfied the requirements. Chioma’s award of Carer Additional Person Payment therefore starts on Sunday 30/08/26.
If the client has not told us within 13 weeks, but with ‘good reason’
- If the client tells us about a change later than 13 weeks of it occurring but has a ‘good reason’ for doing so, the effective date can also be the first day of the award week in which they satisfy the conditions for the increase (Carer Support Payment regulations, reg. 28(1)(a)(i)(bb) or reg. 23(9)(b)) of Carer Support, or for reinstatement (Carer Support Payment Regulations, regulation 23(9)(b) or (10)(b)) of Carer Support, the first day of the award week in which the change occurred.
- This can apply when Carer Support is temporarily stopped, or when there is a change of circumstances relating to eligibility for Carer Additional Person Payment.
- An individual, or anyone acting on their behalf, will have a good reason if either:
- it is reasonable for them to take as long as they did to notify
- they clearly intended to report the change within a reasonable time but did not due to an honest and reasonable mistake
Example 15 – reporting a decrease in earnings later than 13 weeks, with good reason
Lucia is receiving Carer Support Payment for caring for her daughter, Carla. Lucia’s Carer Support is temporarily stopped on 17/12/2023 because she had earnings over the limit from working at her local pub. Carla is then taken into hospital following a sudden and serious decline in her condition. She remains in hospital for 12 weeks and Lucia is unable to work as she spends most of her time at the hospital looking after Carla. After Carla improves and is discharged from hospital, Lucia contacts Social Security Scotland on 15/04/2024 following advice from a support organisation, to report that she has had no earnings since 02/01/2024 and has been continuing to care for Carla. As she has a good reason for not reporting this change within 13 weeks, Lucia’s Carer Support can be reinstated from 14/01/2024, the first day of the award week in which the change in her earnings occurred.
If the client has not told us within 13 weeks, without ‘good reason’
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If the client doesn’t tell us about a change within 13 weeks of it occurring and doesn’t have a good reason for not reporting the change sooner, the increase (Carer Support Payment regulations, reg. 28(1)(a)(ii) or reg. 23(9)(c)) or reinstatement (Carer Support Payment Regulations, regulation 23(9)(c) or (10)(c)) will take effect from the first day of the award week in which they reported the change.
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This could mean that they miss out on support they could have received if they had reported the change sooner
Example 16a - reporting resumption of care later than 13 weeks, without a good reason
Laila is receiving Carer Support for caring for her brother, Rylan who lives with her and her mother. She takes a break from caring to travel and reports this to Social Security Scotland. Her Carer Support is stopped on 6/06/26 because she has used all of her temporary breaks in care for that period as her brother has been in hospital a lot. She returns from travel and begins caring for Rylan again on 03/09/26. In December she realises she has not been paid Carer Support and contacts Social Security Scotland on 02/12/2026 who inform her that she is not receiving payments because she has told us she is not providing care. She confirms that she started providing care again on 03/09/2026 but doesn’t have a reason for not having reported the change sooner. It is determined that she is entitled to Carer Support again from 29/11/2026, the first day of the award week in which she reported the change.
Example 16b – reporting care for an additional person later than 13 weeks without a good reason
Dawn receives Carer Support Payment and Scottish Carer Supplement components for providing care to Claire. On 16/03/26 she starts caring for Simon for 20 hours per week. Dawn doesn’t report this additional caring to Social Security Scotland until 25/06/2026, and does not have a reason for the delay. The client adviser makes a determination that Dawn is entitled to Carer Additional Person Payment, and that this is effective from the first day of the award week in which Dawn reported the change, that is Sunday 21/06/26.
When a new determination is made because a previous determination was made in ignorance of a material fact
Where we need to make a new determination of entitlement because we have identified that a previous determination was incorrect due to ignorance of a material fact, the new determination takes effect from the first day of the award week in which the new determination is made (Carer Support Payment regulations, regulation 28(1)(a)(iii))
Where a new determination is being made following a determination where there was an 'official error'
Where we need to make a new determination of entitlement to Carer Support because we have identified that a previous determination was incorrect due to an error [see chapter on determination error, which has resulted in an overpayment or official error resulting in an underpayment, the change takes effect on the first day of the award week in which the earlier determination took effect (Carer Support Payment regulations, regulation 28(1)(b))
Example 17 – entitlement was stopped due to official error
Delilah’s Carer Support award was ended on Saturday 20 June as she had earnings which were over the earnings limit for the week beginning Sunday 14 June. It is identified on 11 August following a telephone call from Delilah that information provided by Delilah on her childcare expenses for that month had been received and saved by Social Security Scotland, but no action had been taken to apply these deductions and she would have been entitled if this information had been included in the calculation. A new determination is made that Delilah is entitled to Carer Support and this takes effect from Sunday 21 June.
If we consider it would be 'unjust' in the circumstances
- There may be a situation where a carer hasn’t told us within 13 weeks, or later with good reason, about a change of circumstances leading to an increase in their benefit, so the effective date of the change would be the date they reported the change. However, an earlier effective date can be set if it is considered that it would be ‘unjust’ not to (Carer Support Payment regulations, regulation 28(2)), in the circumstances.
- Similarly, in cases where the effective date for an increase in entitlement would be the date the determination is made, but we consider it would be unjust in the circumstances to use that date, we can set an earlier effective date.
- This is so that individuals are not unduly disadvantaged because of circumstances beyond their control or genuine and reasonable mistakes made by the individual, or anyone acting on their behalf.
Example 18 - it is considered unjust to use the date set by reg 28(1)
Maura gets Carer Support Payment component of Carer Support for caring for her father, Arlan. She starts providing 20 hours per week of care for her uncle Cormac on 14/09/26 but does not get round to telling Social Security Scotland about this as she is struggling with caring responsibilities and her own health issues. Maura dies on 20/01/2027 and her uncle Cormac phones Social Security Scotland to let them know. Through this conversation it is identified that Maura could have been entitled to Carer Additional Person Payment from 13/09/26.
The client adviser can make a determination without application on the Carer Support award to include CAPP, but as Maura has not notified Social Security Scotland herself about the change of circumstances, the only part of regulation 28 that can apply is 28(1)(c), which means that the increase in Carer Support would take effect from the first day of the award week after the date of the determination. The decision maker considers it would be unjust not to set the effective date to 13/09/26, the first day of the award week in which Maura became eligible for CAPP, so they are able to set this date under regulation 28(2).
As Maura is now deceased, a further determination then needs to be made to end her Carer Support entitlement from the first day of the award week following the date of the determination. Arrears of Carer Additional Person Payment for the period since 13/09/26 would be paid to Maura’s executor or appointee (see ‘Death of an individual’ guidance).