# The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026, Regulation 13: Amendment of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025


(1) The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 are amended as follows.
(2) In regulation 10 (residence and presence conditions)—
(a) in paragraph (7)—
(i) at the end of sub-paragraph (g), omit “or”, and
(ii) after sub-paragraph (h), insert—
“,
(i) 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—
(i) was residing in a country or territory outside of the United Kingdom,
(ii) left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory immediately or arranged the evacuation of British nationals from that country or territory, and
(iii) arrived in the United Kingdom in the first 26 weeks beginning on the date on which—
(aa) the public information is issued, or
(bb) the evacuation is started, or
(j) 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”.
(b) after paragraph (8), insert—
“(9) Where paragraph (7)(i) applies, it will apply for 52 weeks beginning on the day on which His Majesty’s Government provided public information to advise British nationals to leave a country or territory immediately or arranged the evacuation of British nationals from that country or territory (whichever is earlier).”.
(3) In regulation 11 (temporary absence from the common travel area), in paragraph (1)—
(a) at the end of sub-paragraph (a), omit “or”,
(b) after sub-paragraph (b), insert—
“, or
(c) the first 26 weeks of that absence where—
(i) after the first 13 weeks of that 26 week period, the individual was present in a country or territory outside the common travel area immediately before His Majesty’s Government—
(aa) provided public information to advise British nationals to leave that country or territory, or
(bb) arranged the evacuation of British nationals from that country or territory,
(ii) Scottish Ministers are satisfied that it would be unreasonable to expect the individual to return, or have returned, to the common travel area, and
(iii) the individual did not enter that country or territory when His Majesty’s Government’s public information was to advise British nationals to leave that country or territory”.
(4) After regulation 11, insert—
“Time limits on absences where the claimant is treated as being in the common travel area
11A. Where the individual is temporarily absent from the common travel area in the circumstances specified in regulation 11(1), the total period of an absence where an individual is treated as present in the common travel area will not exceed 26 weeks.”.

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Source: https://www.legislation.gov.uk/sdsi/2026/9780111064979/regulation/13 (the official version)
Page: https://openlegislation.uk/draft-social-security-residence-and-presence-requirements-miscellaneous-amendment-scotland-regulations-2026/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.