The Social Security (Invalid Care Allowance) Regulations 1976

Type Statutory-Instrument
Publication 1976-03-15
Last updated 2026-04-06
State In force
Department Westlaw
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articles Not indexed
Reform history JSON API

[^key-a0bf3ffefecc71339cf514a89f61a13f]: Words in reg. 7(1) substituted (E.W.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 2(3); (S.) (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 2(2)(b) (with reg. 9)

[^key-a01d97ed84c82e6a6a7989bdf2be54d2]: Word in reg. 9(2)(b)(iiia) omitted (S.) (20.11.2023) by virtue of The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/346), regs. 1, 2(2)(a); (E.W.) (21.3.2025) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 2(2)(b)

[^key-f38ddc1a22f3f734f90c5a4b6aa1d70a]: Reg. 9(2)(b)(v)(vi) inserted (S.) (20.11.2023) by The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/346), regs. 1, 2(2)(b)

[^key-a99fc725359aa8f3b6b131ac551ea705]: Reg. 9(2)(b)(ia) inserted (E.W.) (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 2(2)

[^key-80d27c837aa9136e9aaa489a2efa0c78]: Word in reg. 9(2)(b)(v) omitted (S.) (21.10.2024) by virtue of The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024 (S.S.I. 2024/141), regs. 1, 2(a) (with reg. 14)

[^key-e00e47b00816844b596766a50979154f]: Reg. 9(2)(b)(vii) and word inserted (S.) (21.10.2024) by The Disability Assistance for Older People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2024 (S.S.I. 2024/141), regs. 1, 2(b) (with reg. 14)

[^key-d5c0a89ddd4ce2730aac009861d42406]: Words in reg. 9A(1)(c) omitted (E.W.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations 2024 (S.I. 2024/936), regs. 1(1), 2(2); (S.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/241), regs. 1(1), 2(2)

[^key-a9e77afca945a414935a67fbb32e2cda]: Words in reg. 9B(c) omitted (E.W.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations 2024 (S.I. 2024/936), regs. 1(1), 2(3); (S.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/241), regs. 1(1), 2(3)

[^key-39dec795406c111f4c7b85f1d3cdfffd]: Reg. 9(2)(b)(iia) inserted (S.) (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) (Consequential Amendment, Revocation and Saving Provision) Regulations 2024 (S.S.I. 2024/311), regs. 1, 2

[^key-beff962f94970b2773aa38d95b85710d]: Reg. 9(2)(b)(iia) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 2(2)(a)

[^key-28fdc5610bfb007727ede5e572326b06]: Reg. 9(2)(b)(iva)(ivb) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 2(2)(c)

[^key-0d0736dceef095319a86194e3c8bdda2]: Word in reg. 9C(1)(g) omitted (E.W.) (18.7.2025) by virtue of The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(1)(a)(4)(a)

[^key-8147a5104d0760ef9656e0cc044b925e]: Reg. 9C(1)(h): semicolon substituted for full stop (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(1)(b)(4)(a)

[^key-c1bc366187133c1fa8b0a23fe9bfc244]: Reg. 9C(1)(i)(j) inserted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(1)(c)(4)(a)

[^key-6116035c72b140c7a5837199122956f2]: Reg. 9C(1B) inserted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(2)(4)(a)

[^key-8a384cf13a0fd7841fd7daa2b4e53622]: Words in reg. 9(1) substituted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(a) (with reg. 6)

[^key-7b864903064cd5504b7ebead974afdad]: Words in reg. 9(1)(b) substituted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(b) (with reg. 6)

[^key-ccf713cc2a15dfc2193e8048405ebdf2]: Reg. 9(1B)(1C) inserted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(c) (with reg. 6)

[^key-a0440ad12d3d5c41c6d7d6609b888e4b]: Words in reg. 9(2) substituted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(d) (with reg. 6)

[^key-21c457f7e3d98a72e037f8cf4add220c]: Words in reg. 9(3)(a) substituted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(e) (with reg. 6)

[^key-e01ae7c1ea37a786ea00392ab486c2b0]: Reg. 9(4) inserted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(f) (with reg. 6)

[^key-bff35b6676b1dd29d17bf58e2d8b1a15]: Words in reg. 9(3)(b) substituted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(2)(e) (with reg. 6)

[^key-1a7e1cfa19609dfa80bc64bff99663a4]: Regs. 9D, 9E inserted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 2(3) (with reg. 6)

[^key-6076abd199b78998d00d45ce9cb36829]: Words in reg. 7(4) substituted (S.) (15.3.2026) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), reg. 1(2), sch. 1 para. 3(2) (with reg. 5(1))

[^key-733645bbc14910290d017a3fc7bced6e]: Words in reg. 7(5) substituted (E.W.) (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 3

[^key-06d9118122dba21c96e487cdf5ab7dbe]: Reg. 9C(1C) inserted (S.) (18.3.2026) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/139), regs. 1(1), 2(2)(b)

[^key-a613c1a0f7096ad43790d7ec708702c3]: Reg. 9C(1)(k)(l) inserted (S.) (18.3.2026) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/139), regs. 1(1), 2(2)(a)

[^key-c666389393d92eb8ce790a7e22b98795]: Reg. 9B(b) substituted (10.12.2025) (E.W.) by The Social Security (Residence in an EEA State or Switzerland) (Amendment) Regulations 2025 (S.I. 2025/1198), regs. 1(1), 2; (S.) (1.4.2026) by The Social Security (Residence in an EEA State or Switzerland) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/415), regs. 1(1), 2

[^key-5c98ac74ae2fab7783b9aa75690d3988]: Sum in Reg. 8(1) substituted (E.W.) (6.4.2026) by The Social Security Benefits Up-rating Regulations 2026 (S.I. 2026/218), regs. 1(1), 4; (S.) (6.4.2026) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026 (S.S.I. 2026/170), regs. 1(4), 2 (with sch. para. 1)

Refugees

9C

  • (1) Regulation 9(1)(c) shall not apply where the person has—
  • (a) been granted refugee status or humanitarian protection under the immigration rules; ...
  • (b) leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.
  • (c) leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—
  • (i) the Afghan Relocations and Assistance Policy, or
  • (ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),
  • (d) been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c), ...
  • (e) leave granted under the Afghan Citizens Resettlement Scheme; ...
  • (f) leave to enter or remain in the United Kingdom granted under or outside the immigration rules , a righta right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, , or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act where the person—
  • (i) was residing in Ukraine immediately before 1st January 2022; and
  • (ii) left Ukraine in connection with the Russian invasion which took place on 24th February 2022; ...
  • (g) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—
  • (i) was residing in Sudan before 15th April 2023; and
  • (ii) left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan, or
  • (h) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—
  • (i) was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and
  • (ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack.;
  • (i) met conditions A to D.
  • Condition AThe person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—provided public information to advise British nationals to leave that country or territory, orarranged the evacuation of British nationals from that country or territory.
  • Condition BThe person has left that country or territory.
  • Condition CThe person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.
  • Condition DThe person—has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, orhas leave on a discretionary basis outside of rules made under section 3(2) of that Act; or
  • (j) as part of a safe and legal humanitarian immigration route, leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules ,
  • (k) met conditions A to D,

Condition A

The person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—

  • (i) provided public information to advise British nationals to leave that country or territory, or
  • (ii) arranged the evacuation of British nationals from that country or territory,

Condition B

The person has left that country or territory.

Condition C

The person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.

Condition D

The person—

  • (i) has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,
  • (ii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,
  • (iii) has leave to enter or remain in the United Kingdom in accordance with immigration rules, or
  • (iv) has leave on a discretionary basis outside of immigration rules, or
  • (l) as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with the immigration rules or leave on a discretionary basis outside of those rules.
  • (1A) Regulation 9(1)(a) shall not apply where any sub-paragraph in paragraph (1) applies to the person.
  • (1B) Where paragraph (1)(i) of this regulation applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started.
  • (1C) Where paragraph (1)(k) applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started.
  • (2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.
  • (2) For the purposes of this regulation—
  • (a) “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,
  • (b) “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.

Circumstances in which a person over pensionable age is to be treated as having been entitled to invalid care allowance immediately before attaining that age

Women aged 65 before 28th October 1994

Invalid care allowance for persons over retiring age

Men aged 65 before 28th October 1994

Increase of invalid care allowance for child dependants

Increase of invalid care allowance for adult dependants

Application of the Social Security (General Benefit) Regulations 1982 to carer’s allowance

Persons residing in an EEA state ... or in Switzerland to whom a relevant EU Regulation applies

RefugeesRefugees and certain persons with leave to enter and remain in the United Kingdom

Refugees and certain persons with leave to enter and remain in the United Kingdom

Persons who are entitled to a carer’s allowance: effect of move to Scotland

9D

  • (1) This regulation applies where a person entitled to a carer’s allowance becomes permanently resident in Scotland on or after 6th November 2025.
  • (2) If, on the day before the residence change date, a person—
  • (a) is entitled to a carer’s allowance other than under article 4 of the Regulatory Reform (Carer’s Allowance) Order 2002, and
  • (b) satisfies the condition in paragraph (3),

that person is, insofar as they are not present in England and Wales on or after the residence change date, to be treated as present in England and Wales for the purposes of regulation 9(1)(b) for the duration of the run-on period.

  • (3) The condition referred to in paragraph (2) is that, where the person is entitled to a carer’s allowance under section 70(1A) of the Contributions and Benefits Act on the day before the residence change date, the period specified in paragraph (b) of section 70(1A) is still running on the residence change date.
  • (4) For the purposes of this regulation and regulation 9E—
  • (a) “residence change date”, in relation to a person, means the date on which the person becomes permanently resident in Scotland (whether or not the Secretary of State is notified of the move and whether or not any such notification takes place before or after the person moves to Scotland);
  • (b) “run-on period”, in relation to a person, is the period—
  • (i) beginning with the residence change date, and
  • (ii) ending—
  • (aa) where the severely disabled person dies before the residence change date, at the end of the period of eight weeks beginning with the Sunday following the death of the severely disabled person (or beginning with the date of death if the death occurred on a Sunday),
  • (bb) where the severely disabled person dies within the relevant period, at the end of the period of eight weeks beginning with the Sunday following the death of the severely disabled person (or beginning with the date of death if the death occurred on Sunday), or
  • (cc) in any other case, at the end of the day preceding the first pay day following the end of the relevant period (irrespective of whether or not the person’s carer’s allowance is payable in that particular week);
  • (c) “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987.
  • (5) For the purposes of paragraph (4)(b)(ii)—
  • (a) “the relevant period” means the period of 13 weeks beginning with the residence change date;
  • (b) “pay day” means the day of the week on which the person’s carer’s allowance is payable in accordance with paragraph 4 of Schedule 6 to the Claims and Payments Regulations 1987.

Persons with an ongoing claim for a carer’s allowance: effect of move to Scotland

9E

  • (1) Where a person satisfies the conditions in paragraph (2), the Secretary of State must comply with the requirement in paragraph (5).
  • (2) The conditions mentioned in paragraph (1) are, subject to paragraph (4), that the person—
  • (a) has an ongoing claim for a carer’s allowance on the residence change date,
  • (b) becomes permanently resident in Scotland on or after 6th November 2025, and
  • (c) is, or in accordance with regulation 9 is treated for the purposes of regulation 9(1)(b) as being, present in England and Wales—
  • (i) on the day on which the person makes the claim, and
  • (ii) on the day before the residence change date.
  • (3) For the purposes of paragraph (2)(a), a person has an ongoing claim on the residence change date if, before that date, the claim has not—
  • (a) been decided by the Secretary of State under section 8 of the Social Security Act 1998,
  • (b) been withdrawn in accordance with regulation 5(2) of the Claims and Payments Regulations, or
  • (c) otherwise ceased to be under consideration before being decided by the Secretary of State under section 8 of the Social Security Act 1998.
  • (4) Where the day referred to in paragraph (i) or (ii) of paragraph (2)(c) is before 6th November 2025, the condition in that paragraph is to be read to the effect that the person must be present in England and Wales, or treated for the purposes of regulation 9(1)(b) as being present in Great Britain, on that day.
  • (5) The requirement mentioned in paragraph (1) is that the Secretary of State must make a decision under section 8 of the Social Security Act 1998 on the person’s claim for a carer’s allowance, unless the person withdraws the claim in accordance with regulation 5(2) of the Claims and Payments Regulations.
  • (6) For the purposes of the decision of the Secretary of State mentioned in paragraph (5), regulation 9(1)(b) applies as if for “the relevant place” there were substituted “Great Britain”.
  • (7) If the Secretary of State decides that the person is entitled to a carer’s allowance, the person is, insofar as they are not present in England and Wales on or after the residence change date, to be treated as present in England and Wales for the purposes of regulation 9(1)(b) for the duration of the run-on period.
  • (8) In this regulation, any reference to the date on which a person makes a claim for a carer’s allowance (however expressed) is to be construed in accordance with regulation 6 of the Claims and Payments Regulations.

Circumstances in which a person over pensionable age is to be treated as having been entitled to invalid care allowance immediately before attaining that age

Women aged 65 before 28th October 1994

Invalid care allowance for persons over retiring age

Men aged 65 before 28th October 1994

Increase of invalid care allowance for child dependants

Increase of invalid care allowance for adult dependants

Application of the Social Security (General Benefit) Regulations 1982 to carer’s allowance

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