{
  "url": "https://openlegislation.uk/draft-social-security-cross-border-provision-case-transfer-and-miscellaneous-amendments-scotland-regulations-2025/note",
  "json_url": "https://openlegislation.uk/draft-social-security-cross-border-provision-case-transfer-and-miscellaneous-amendments-scotland-regulations-2025/note.json",
  "legislation": "sdsi/2025/9780111063347",
  "legislation_title": "The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-social-security-cross-border-provision-case-transfer-and-miscellaneous-amendments-scotland-regulations-2025",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations provide for various amendments to forms of assistance payable by virtue of regulations made under the Social Security (Scotland) Act 2018 (“the 2018 Act”), to the 2018 Act itself, and to the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (“the Best Start Foods Regulations”).\nThe amendments revoke the existing provisions which provide for the transfer of the disability and carer benefits of individuals who meet the eligibility criteria for disability assistance or Carer Support Payment (the “case transfer provisions”) from the benefit delivered by UK Government (the “devolved UK benefit”), to the respective benefit delivered by the Scottish Ministers (the “Scottish benefit”) without needing to make an application. Provisions which provide for individuals, who are in receipt of a devolved UK benefit and who move to Scotland from another part of the United Kingdom, to receive a determination of the respective Scottish benefit without needing to apply are also revoked. These Regulations create new provisions so that where such an individual makes an application for the Scottish benefit, their entitlement will, in certain circumstances, be backdated to the date their devolved UK benefit ended. These amendments are made for Child Disability Payment, Adult Disability Payment, Pension Age Disability Payment and Carer Support Payment. Specific provision is also made for Scottish Adult Disability Living Allowance, which, as a closed benefit, has no process for applications.\nMiscellaneous Amendments\nRegulation 3 amends section 81 of the 2018 Act so that individuals to whom the Social Security (Gibraltar) Order 2024 applies may be eligible for Carers Allowance Supplement.\nRegulation 4 makes amendments to the residence requirements for Best Start Grant, within the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (“the Best Start Grant Regulations”) following the revocation of the Immigration (European Economic Area) Regulations 2016. The Best Start Grant Regulations and the Best Start Foods Regulations are amended so that individuals who have made an application for indefinite or limited leave to enter, or remain in, the United Kingdom under the EU Settlement Scheme, and family members under Article 9 of the EU Withdrawal Agreement, may be eligible for Best Start Grant (regulation 4) or Best Start Foods (regulation 5).\nRegulation 6 amends the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 so that individuals to whom the Social Security (Gibraltar) Order 2024 applies may be eligible for Young Carer Grant.\nRegulation 7 amends the Scottish Child Payment Regulations 2020 so that where a person has continually disengaged with requests for information made under paragraph 25 of the schedule of those Regulations and is found to be no longer entitled to assistance following a period of suspension, the award can be ended from the date the suspension began. Regulation 13 makes associated savings provisions.\nAmendments in relation to disability assistance\nRegulations 8, 9, 11 and 12 amend the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (the “Child Disability Payment Regulations”), the Disability Assistance for Working Age (Scotland) Regulations 2022 (the “Adult Disability Payment Regulations”), the Disability Assistance for Older People (Scotland) Regulations 2024 (“the Pension Age Disability Payment Regulations”) and the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (“the Scottish Adult Disability Living Allowance Regulations”) respectively, in relation to Child Disability Payment, Adult Disability Payment, Pension Age Disability Payment and Scottish Adult Disability Living Allowance so that:-\nindividuals to whom the Social Security (Gibraltar) Order 2024 applies may be eligible for disability assistance.\nwhere a person has continually disengaged with requests for information made under section 54 of the 2018 Act, and is found to be no longer entitled to the benefit following a period of suspension, the award can be ended at the date the suspension began.\nwhere a person receiving a devolved UK benefit moves to Scotland from another part of the United Kingdom and applies for the respective Scottish benefit (except Scottish Adult Disability Allowance) within a specified time, their entitlement can be backdated to when their devolved UK benefit entitlement ends. For Scottish Adult Disability Living Allowance, where a person receiving Disability Living Allowance moves to Scotland from another part of the United Kingdom, they can make a request for a determination of their entitlement. Provision is made for when Scottish Adult Disability Living Allowance entitlement can be backdated to the date the Disability Living Allowance entitlement ended.\nindividuals who would have been eligible to be transferred to the applicable Scottish benefit under the relevant case transfer provisions, but have not been transferred, will be able to receive backdating of the respective benefits when an application or request is made within specified timescales, so that there is no gap in their entitlement between the end of their devolved UK benefit and the start of their Scottish benefit.\nRegulations 14, 15, 17 and 18 make provision:-\nfor associated revocations and savings in relation to Child Disability Payment, Adult Disability Payment, Pension Age Disability Payment and Scottish Adult Disability Living Allowance. This includes revocation of the existing provisions for individuals moving to Scotland from another part of the United Kingdom, subject to specified saving provisions. Transitional provision is also made in relation to Child Disability Payment.\nto revoke the respective case transfer provisions for Child Disability Payment, Adult Disability Payment, Pension Age Disability Payment and Scottish Adult Disability Living Allowance. This is subject to specified saving provisions.\nAmendments in relation to Carer Support Payment\nRegulation 10 amends the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (the “Carer Support Payment Regulations”) so that:-\nindividuals to whom the Social Security (Gibraltar) Order 2024 applies may be eligible for Carer Support Payment.\nif someone applies for Carer Support Payment but did not satisfy the eligibility criteria in Part 3 of the Regulations on the date on which their entitlement would otherwise have begun, the Scottish Ministers may choose an alternative start date provided that date is no more than 13 weeks after the application date. Further amendments are made to regulation 18 as a consequence of this change, the changes to regulation 41 and the addition of 41A.\nwhere a person receiving Carer’s Allowance moves to Scotland from another part of the United Kingdom, and applies for Carer Support Payment within a specified time, their entitlement can be backdated to when their Carer’s Allowance entitlement ends.\nindividuals who would have been eligible to be transferred to Carer Support Payment under the case transfer provisions, but have not been transferred, will be able to receive backdating so that there is no gap in their entitlement between the end of their Carer’s Allowance and the start of their Carer Support Payment, when an application or request is made within specified timescales.\nif the cared for person moves to Scotland, or should have been transferred but was not, and therefore experiences a gap between their devolved UK disability benefit ending and their Scottish disability benefit being awarded (which means the carer is no longer entitled to Carer Support Payment) the carer will be able to receive a determination without an application of their entitlement to Carer Support Payment if they satisfy the eligibility criteria under Part 3 of the Regulations within 26 weeks of the decision to end their Carer Support Payment.\nRegulation 16 makes provision for associated revocations and savings provisions in relation to Carer Support Payment. This includes revocation of the previous provisions for individuals moving to Scotland from another part of the United Kingdom, subject to specified savings provisions.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2025/9780111063347/note",
    "retrieved_at": "2026-10-30T15:28:33.750357+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}