{
  "url": "https://openlegislation.uk/draft-social-security-residence-and-presence-requirements-miscellaneous-amendment-scotland-regulations-2026/regulation-4",
  "json_url": "https://openlegislation.uk/draft-social-security-residence-and-presence-requirements-miscellaneous-amendment-scotland-regulations-2026/regulation-4.json",
  "legislation": "sdsi/2026/9780111064979",
  "legislation_title": "The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-social-security-residence-and-presence-requirements-miscellaneous-amendment-scotland-regulations-2026",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Amendment of the Social Security (Disability Living Allowance) Regulations 1991",
  "text": "(1) The Social Security (Disability Living Allowance) Regulations 1991 are amended as follows.\n(2) In regulation 2(conditions as to residence and presence in Great Britain)—\n(a) in paragraph (3BA) for “and (3B)” substitute “, (3B), (3F) and (3G)”,\n(b) in paragraph (3C) for “and (3B)” substitute “, (3B) and (3F)”,\n(c) after paragraph (3E) insert—\n“(3F) Where a person is temporarily absent from Great Britain, they are treated as present in the relevant area for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—\n(a) that person was present in a country or territory outside Great Britain immediately before His Majesty’s Government—\n(i) provided public information to advise British nationals to leave that country or territory, or\n(ii) arranged the evacuation of British nationals from that country or territory,\n(b) the Scottish Ministers are satisfied that it would be unreasonable to expect the person to return, or to have returned, to Great Britain, and\n(c) the person 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.\n(3G) Where a person is temporarily absent from Great Britain in the circumstances specified in paragraph (2)(d), (3B) or (3F), the total period of an absence where the person is treated as present in the relevant area will not exceed 26 weeks.”.\n(3) In regulation 2C(refugees and certain persons with leave to enter and remain in the United Kingdom)—\n(a) in paragraph (1), after sub-paragraph (j) insert—\n“,\n(k) met conditions A to D,\nCondition A\nThe person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—\n(i) provided public information to advise British nationals to leave that country or territory, or\n(ii) arranged the evacuation of British nationals from that country or territory,\nCondition B\nThe person has left that country or territory.\nCondition C\nThe person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.\nCondition D\nThe person—\n(i) has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,\n(ii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,\n(iii) has leave to enter or remain in the United Kingdom in accordance with immigration rules, or\n(iv) has leave on a discretionary basis outside of immigration rules, or\n(l) as part of a safe and legal humanitarian immigration route, leave to enter or remain in the United Kingdom in accordance with immigration rules or leave on a discretionary basis outside of those rules”,\n(b) after paragraph (1B), insert—\n“(1C) Where paragraph (1)(k) applies, it will apply for the following periods beginning on the day on which the public information is issued, or the evacuation is started no more than—\n(a) 130 weeks for persons aged 16 years and over,\n(b) 52 weeks for persons aged 6 months and over but under 16 years,\n(c) 39 weeks for persons aged under 6 months.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1991/2890."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Relevantly amended by S.I. 1993/1939, S.I. 1999/2860, S.I. 2000/636, S.I. 2005/2877, S.I. 2006/2378 and S.I. 2013/389."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 2025/884 inserted paragraph (3E) as regulation 2 extends to England and Wales."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Regulation 2C was inserted by S.I. 2017/1015 and relevantly amended by S.S.I. 2021/320, S.S.I. 2022/108, S.S.I. 2022/336, S.S.I. 2023/149 and S.S.I. 2023/309."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "S.I. 2025/884 inserted sub-paragraphs (i) and (j) as regulation 2C extends to England and Wales."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "S.I. 2025/884 inserted paragraph (1B) as regulation 2C extends to England and Wales."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2026/9780111064979/regulation/4",
    "retrieved_at": "2026-10-30T15:28:05.287009+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."
}