Regulation 9 Amendment of the Disability Assistance for Children and Young People (Scotland) Regulations 2021
The Disability Assistance for Children and Young People (Scotland) Regulations 2021f1 are amended as follows.
In regulation 5 (residence and presence conditions)—
in paragraph (10A)—
at the end of sub-paragraph (i), omit “or”,
after sub-paragraph (j), insert—
“,
(k)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
(l)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.”,
after paragraph (11), insert—
“(12)Where paragraph (10A)(k) applies, it applies for a period beginning on the date on which His Majesty’s Government—
(a)issued public information to advise British nationals to leave a country or territory immediately, or
(b)arranged the evacuation of British nationals from that country or territory,
whichever is the earlier.
(13)The period mentioned in paragraph (12) ends not more than—
(a)52 weeks after the date mentioned in paragraph (12) for persons aged 6 months or over, or
(b)39 weeks after the date mentioned in paragraph (12) for persons aged under 6 months,
on the date the application is treated as made in accordance with regulation 24(1) (when an application is to be treated as made and beginning of entitlement to assistance).”.
In regulation 7 (temporary absence from the common travel area), in paragraph (1)—
at the end of sub-paragraph (a), omit “or”,
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”.
After regulation 7, insert—
“Time limits on absences where the claimant is treated as being in the common travel area
7A.Where the individual is temporarily absent from the common travel area in the circumstances specified in regulation 7(1), the total period of an absence where an individual is treated as present in the common travel area will not exceed 26 weeks.”.
Annotations
Footnotes
- f1
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S.S.I. 2021/174, relevantly amended by S.S.I. 2021/320, S.S.I. 2022/41, S.S.I. 2022/108, S.S.I. 2022/336, S.S.I. 2023/149, S.S.I. 2023/309 and S.S.I. 2025/250.