Regulation 11 Persons residing outside the United Kingdom to whom a relevant EU regulation appliesI1

Scotland

(1)

The residence and presence conditions set out in regulation 6(1) (residence and presence conditions) do not apply in relation to F1Carer Support where on any day the individual satisfies the conditions in paragraph (2).

(2)

The conditions referred to in paragraph (1) are that the individual must—

(a)

be an individual—

(i)

to whom the rules set out in a relevant EU regulation apply by virtue of—

(aa)

Title III of Part 2 of the EU withdrawal agreement,

(bb)

Part 3 or Article 23(4) of the Swiss citizens’ rights agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020 (“the 2020 Act”),

(cc)

Title III of the EEA EFTA separation agreement (as defined in section 39(1) of the 2020 Act), F2...

(dd)

the agreement constituted by the exchange of letters set out in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974, F3or

F4(ee)

the agreement constituted by the exchange of letters set out in the schedule of the Social Security (Gibraltar) Order 2024, and

(ii)

in respect of whom the United Kingdom is, as a result, competent for payment of sickness benefits in cash,

(b)

be habitually resident in—

(i)

Switzerland,

(ii)

an EEA state, or

(iii)

Gibraltar, and

(c)

have a genuine and sufficient link to Scotland.

(3)

The reference in paragraph (2)(c) to an individual’s link to Scotland being sufficient is to it being sufficiently close that if the individual were not entitled to Carer Support, paragraph (2) would be incompatible with the applicable agreement mentioned in sub-paragraph (a)(i) of that paragraph.

(4)

An individual to whom a relevant EU regulation applies is not entitled to Carer Support for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of the relevant EU regulation in question.

Annotations

Textual amendments

F1: Words in reg. 11 substituted (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), regs. 1(2), 3(5)(d) (with regs. 5(1), 14)
F2: Word in reg. 11(2)(a)(i)(cc) omitted (6.11.2025) by virtue of The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(4)(a)
F3: Word in reg. 11(2)(a)(i)(dd) substituted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(4)(b)
F4: Reg. 11(2)(a)(i)(ee) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(4)(c)

Commencement

I1: Reg. 11 in force at 19.11.2023, see reg. 1(2)