Regulation 6 Residence and presence conditionsI1

is ordinarily resident in Scotland,

is habitually resident in the common travel area,

is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999^f1,

is present in the common travel area, and

has been present in the common travel area for a period of, or for periods amounting in the aggregate to, not less than 26 weeks of the 52 weeks immediately preceding that day.

is habitually resident in Ireland,

has a genuine and sufficient link to Scotland, and

is an individual—

is lawfully working in the United Kingdom and is a national of a state with which the United Kingdom has concluded an agreement which replaces in whole or in part an agreement under Article 217 of the Treaty on the Functioning of the European Union^f4 which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory state and their families,

is a member of the family of, and living with, a person specified in sub-paragraph (a), or

has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules, to be responsible for their maintenance and accommodation.

has a terminal illness, or

cares for a cared for person F2or additional cared for person who—

Disability Living Allowance by virtue of regulation 2(4) of the Social Security (Disability Living Allowance) Regulations 1991,

Disability Living Allowance by virtue of regulation 2(3) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992,

Attendance Allowance by virtue of section 66 of the 1992 Act,

Attendance Allowance by virtue of regulation 2(3) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992^f11,

Pension Age Disability Payment by virtue of regulation 18 of the Disability Assistance for Older People (Scotland) Regulations 2024,

Personal Independence Payment by virtue of regulation 21 of the Social Security (Personal Independence Payment) Regulations 2013,

Universal Credit by virtue of regulations 16(2), 28(5)(a) or 40(5) read with paragraph 1 of Schedule 9 of the Universal Credit Regulations 2013^f12,

Employment and Support Allowance by virtue of regulations 7(1)(a), 16(1)(a), 31(1)(a), 45(2) or 85(2)(b) of the Employment and Support Allowance Regulations 2013^f13,

Personal Independence Payment by virtue of regulation 21 of the Personal Independence Payment Regulations (Northern Ireland) 2016^f14,

Child Disability Payment by virtue of regulation 15 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021,

Adult Disability Payment by virtue of regulation 26 of the Disability Assistance for Working Age People (Scotland) Regulations 2022.

Scottish Adult Disability Living Allowance by virtue of regulation 20 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025

has leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—

has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (a),

has leave granted under the Afghan Citizens Resettlement Scheme,

has been granted refugee status or humanitarian protection under the immigration rules,

has leave to enter or remain in the United Kingdom as the dependant of a person referred to in sub-paragraph (d),

has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has a right of abode in the United Kingdom within the meaning given in section 2^f15 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 individual—

has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has 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 individual—

has 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 individual—

has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has 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 individual—

has been granted, or is deemed to have been granted, leave outside the immigration rules F16,

has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has 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 individual—

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

“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971^f16,

“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021^f17.