Where the client’s previous Carer Support Payment award is retroactively changed
The Carer Support Payment regulations that applied before 15 March 2026 are ‘saved’ – that is, for all Carer Support Payment determinations relating the period before 15 March 2026, we apply the rules as they were before that date (The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025, reg 5).
At the point that Carer Support replaces Carer Support Payment on 15 March 2026, a determination without application will be made to transfer the awards of all clients with ongoing entitlement to Carer Support Payment to Carer Support. There will be a small number of exceptions. See Overview of Determinations and Awards DMG for more information.
After 15 March 2026 we may receive information which means we need to make changes to a client’s Carer Support Payment award that was in place before 15 March 2026. The ‘pre-transfer’ Carer Support Payment award could be changed as the result of a determination involving:
- Consideration of entitlement after a specified period
- Change of circumstances
- Official error – underpayment
- Error – overpayment
It could also be as a result of
- A re-determination
- A determination of a First Tier or Upper Tribunal (Carer Support Payment Regulations, regulation 36(fa))
Where a Carer Support Payment award for a period before the transfer to Carer Support is changed, a determination without application must then be made of the individual’s entitlement to Carer Support. The effective date of this determination will depend on the circumstances.
Where a client has notified us of a change of circumstances, or we were aware of one, but we have not processed it by 15/03/26
Where a client has notified us of a change of circumstances, but we had not yet processed that by 15 March 2026 when Carer Support was awarded, or where we otherwise became aware of information in relation to the individual’s entitlement to Carer Support Payment which had not yet been taken into account in the latest determination of their entitlement to Carer Support Payment when Carer Support was awarded, a review determination must be made (The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025, Sch 2, para 4).
Where the outcome of the review determination is that the client is entitled to an increased amount of Carer Support than they were awarded on 15 March 2026, the effective date of this increase would be:
- If the client had notified us within 13 weeks of the change, or after 13 weeks with a good reason – the first day of the award week in which the client first satisfied the requirements for the increased entitlement.
- In any other case – the first day of the award week in which the client notified the change.
Where the outcome of the review determination is that the client is entitled to a reduced amount of Carer Support than they were awarded on 15 March 2026, including that they are no longer entitled at all, the effective date of this decrease would be:
- If the client failed to tell us, or failed to tell us as soon as reasonably practicable – the first day of the award week following the award week in which they should have told us about the change.
- In any other case, the first day of the award week following the week when the determination is made.
Example 21 – Carer Support Payment award is retroactively ended – client has notified of a change before 15/03/26
Pauline receives Carer Support Payment for caring for her father Gerry. She reports a change of circumstances on 10/03/26 but this is not processed before 15/03/2026 so her Carer Support Payment is transferred to a Carer Support award. The Carer Support award includes Carer Support Payment and Scottish Carer Supplement components. On 26/03/2026 a review determination is carried out of Pauline’s entitlement to Carer Support.
As, Pauline had told us in as soon as reasonably practicable about her change of circumstances the review determination results in Carer Support ending from the award week following the week in which the determination is made, that is 29/03/26.
Pauline will receive will a determination notice advising her that she is no longer entitled to Carer Support from 29/03/26.
Example 22 – Carer Support Payment is retroactively increased – change of circumstances before 15/03/26
Natalie had a Carer Support Payment award but this was overlapped by Maternity Allowance, so Natalie had underlying entitlement only and was not paid any CSP. Natalie’s Maternity Allowance award ended on 12/03/26, but this change was not processed until after her Carer Support Payment had transferred to an award of Carer Support. The award of Carer Support included a £0 award of Carer Support Payment and no Scottish Carer Supplement as she was not being paid Carer Support Payment.
As Natalie’s entitlement to Carer Support Payment changed for a period before 15/03/2026, a determination without application should be made of her entitlement to Carer Support Payment. Natalie’s Carer Support Payment is increased to the full rate from the first day of the award week in which she became eligible – that is, Sunday 8/03/26. A review determination is then needed in relation to Natalie’s entitlement to Carer Support. The review determination resulted in Natalie receiving the full rate of the Carer Support Payment component of Carer Support, and because this is in payment, the Scottish Carer Supplement component. The effective date of the increased entitlement is the first day that Natalie became entitled to this – 15/03/2026, the first date Carer Support became available, because she informed us of the change within 13 weeks.
There are two determinations here, one increasing Natalie’s Carer Support Payment from 08/03/26, and the other determining that she has been awarded Scottish Carer Supplement from 15/03/26.
In any other situation where we retroactively change the pre-15/03/26 award
In any other situation where we have had to retroactively change the pre-transfer Carer Support Payment award, we will then regard the transfer determination to Carer Support as having been made in error. This would include if a client has failed to notify us on time about a change of circumstances that would decrease or end their award, or
The rules for correcting determinations made in error mean that the new determination will take effect on the first day of the award week in which the earlier determination took effect (Carer Support Payment regulations, regulation 27(1)(b)), (Carer Support Payment regulations, regulation 28(1)(b))
If this results in an overpayment, a separate decision should then be made about whether the client should be held liable to repay the overpayment.
See DMG on Previous Determinations Made in Error for more information about this.
If setting the effective date of a change in this way would be unjust, given all the circumstances, we may set a different effective date. Further detail on this is set out elsewhere in this guidance:
Decrease or end of award – if we consider it would be unjust…
Increase or reinstatement of award – if we consider it would be unjust…
Please note, in the following example, the 2025/26 earnings threshold has been used for the purposes of the example. For current and previous earnings thresholds please see operational guidance on benefit rates.
Example 23 - Carer Support Payment award is retroactively changed – late notification after 15 March 2026.
Damian has been receiving Carer Support Payment for caring for his brother Daniel. On 02/02/26 he takes on a job where he earns £230 per week. Damian does not report this to Social Security Scotland until 30/03/26, which is after his Carer Support Payment has transferred to Carer Support. His Carer Support award includes Carer Support Payment and Scottish Carer Supplement components.
The decision maker makes a determination about the Carer Support Payment award under the pre-15/03/26 regulations, that Damian’s Carer Support Payment should stop as he earns more than the earnings threshold. This determination is effective from the week following the week that Damian should have reported the change - the decision maker thinks it would have been reasonable for Damian to have reported the change by 02/03/2026, so the determination takes effect from the award week beginning 08/03/26
The decision maker then makes a determination without application about the Carer Support award. It is determined that the transfer determination was made in error, as there should not have been an award of Carer Support Payment in place on 14/03/26. The transfer determination was made on the basis of an assumption that has now been proven to be wrong (Carer Support Payment Regulations, regulation 38(3)(b)).
The new determination corrects the erroneous determination by ending entitlement to Carer Support. This is effective from the first day of the award week in which the earlier determination took effect (Carer Support Payment Regulations, regulation 27(1)(b)) – that is, 15/03/26.
Damian will receive two determinations, one ending his entitlement to Carer Support Payment from 08/03/26, and the other ending his entitlement to Carer Support from 15/03/26.
Because these decisions are effective from a date in the past, there will be an overpayment. A decision will need to be made about whether the overpayments of a) Carer Support Payment and b) Scottish Carer Supplement can be recovered from Damian.
Where we become aware that a client was entitled to Carer Additional Person Payment on 15 March 2026
A review determination is required if we become aware that a client was entitled to Carer Additional Person Payment on 15 March 2026. See Overview of Determinations and Awards for more information. The effective date of this increase to the client’s Carer Support award would be:
- If the client had notified us within 13 weeks of the change, or after 13 weeks with a good reason – the first day of the award week in which the client first satisfied the requirements for the increased entitlement.
- In any other case – the first day of the award week in which the client notified the change.
Entitlement to Carer Additional Person Payment can never start on a date before 15 March 2026.