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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations make provision in respect of the social security assistance entitlement of certain persons arriving in Scotland in the following situations, provided they meet the other relevant entitlement criteria—

  • where His Majesty’s Government (in the United Kingdom) has provided public information to advise British nationals to leave a country or territory or has arranged the evacuation of British nationals from that country or territory; or

  • where a person has permission to stay under immigration provisions which have been sanctioned by His Majesty’s Government as safe and legal immigration routes for humanitarian reasons.

These Regulations also extend the permitted period of temporary absence in respect of social security assistance for persons who have travelled to a country or territory that His Majesty’s Government has subsequently advised British nationals to leave or from which it has arranged the evacuation of British nationals.

Regulations 2, 3(3), 4(3), 5(3), 9(2), 10(2), 11(2), 12(2) and 13(2) amend the Social Security (Invalid Care Allowance) Regulations 1976, the Social Security (Attendance Allowance) Regulations 1991, the Social Security (Disability Living Allowance) Regulations 1991, the Social Security (Personal Independence Payment) Regulations 2013, the Disability Assistance for Children and Young People (Scotland) Regulations 2021, the Disability Assistance for Working Age People (Scotland) Regulations 2022, the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, the Disability Assistance for Older People (Scotland) Regulations 2024 and the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 respectively to exempt the category of person mentioned above from the past presence and habitual residence tests for the relevant benefit.

Regulations 6, 7 and 8 amend the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018, the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 and the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 respectively to insert the category of person mentioned above into the list of persons who are exempt from having to satisfy the habitual residence test for the relevant benefit.

Regulations 3(2), 4(2), 5(2), 9(3), 10(3), 11(3), 12(3) and 13(3) amend the Social Security (Attendance Allowance) Regulations 1991, the Social Security (Disability Living Allowance) Regulations 1991, the Social Security (Personal Independence Payment) Regulations 2013, the Disability Assistance for Children and Young People (Scotland) Regulations 2021, the Disability Assistance for Working Age People (Scotland) Regulations 2022, the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, the Disability Assistance for Older People (Scotland) Regulations 2024 and the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 respectively to insert a new category of temporary absence for these benefits not exceeding a period of 26 weeks beginning with the first day of the absence from Great Britain.