The Regulatory Reform (Carer’s Allowance) Order 2002

• Citation: S.I. 2002/1457
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Regulatory Reform (Carer’s Allowance) Order 2002 and shall come into force—

(a) except for the purposes of Article 2, on 28th October 2002; and

(b) for the purposes of Article 2—

(i) for the purposes of exercising powers to make subordinate legislation to come into force on or after 1st April 2003 (being powers or subordinate legislation which apart from Article 2 would refer to invalid care allowance), on 1st September 2002; and

(ii) for all other purposes, on 1st April 2003.

(2) In this Order—

“the 1992 Act” means the Social Security Contributions and Benefits Act 1992 ; and

“subordinate legislation” means Orders in Council, orders, rules, regulations, schemes and other instruments made under any Act.

Section 2 Invalid care allowance to be known as carer’s allowance

(1) Invalid care allowance shall be known as carer’s allowance.

(2) The Schedule to this Order (which makes provision consequential on paragraph (1)) shall have effect.

Section 3 Amendment of section 70 of the 1992 Act

(1) In section 70 of the 1992 Act (which provides for invalid care allowance), after subsection (1) there is inserted—

(1A) A person who was entitled to an allowance under this section immediately before the death of the severely disabled person referred to in subsection (1) shall continue to be entitled to it, even though he is no longer engaged in caring for a severely disabled person (and the requirements of subsection (1)(a) and (c) are not satisfied), until—

(a) the end of the week in which he ceases to satisfy any other requirement as to entitlement to the allowance; or

(b) the expiry of the period of eight weeks beginning with the Sunday following the death (or beginning with the date of death if the death occurred on Sunday),

whichever occurs first.

(2) Subsections (5) and (6) of that section are hereby repealed.

Section 4 Transitional provision

Notwithstanding the repeal of subsection (6) of section 70 of the 1992 Act, a person who had attained the age of 65 and was entitled to an allowance under that section immediately before 28th October 2002 shall continue to be so entitled, notwithstanding that he is not caring for a severely disabled person or no longer satisfies the requirements of subsection (1)(a) or (b) of that section, for as long as he continues to satisfy the other requirements for entitlement to the allowance specified in or under that section.

Section 1

In the enactments mentioned in paragraphs 2 and 3 below, for the words “invalid care allowance” wherever they occur, there shall be substituted the words “ carer’s allowance ” , preceded, where appropriate, by “ a ” instead of “an”.

Section 2

In the 1992 Act, the enactments are—

(a) in section 44A (deemed earnings factors), subsection (2)(b);

(b) in section 63 (descriptions of non-contributory benefits), paragraph (c);

(c) in section 70 (invalid care allowance), subsections (1) and (9);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) in section 150 (interpretation of Part X), subsection (1)(e);

(f) in Part III of Schedule 4 (rates of non-contributory periodical benefits), paragraph 4;

(g) in Part IV of that Schedule (rates of increase for dependants), paragraph 9.

Section 3

In other legislation, the enactments are—

(a) in section 2A of the Social Security Administration Act 1992 (work-focused interviews), subsection (2)(g);

(b) in Schedule 2 to the Social Security Act 1998 (decisions against which no appeal lies), the cross-heading preceding paragraph 3;

(c) in section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits), subsection (1)(c).