# The Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 Draft 2023, ISBN 9780111057414 These Regulations make provision in respect of the social security assistance entitlement of certain persons arriving in Scotland from Sudan. Made under: Social Security Act 1988 (Section 13); Local Government Finance Act 1992 (Section 80, Section 113, Schedule 2 paragraph 1); Social Security Contributions and Benefits Act 1992 (Section 64, Section 70, Section 71); Welfare Reform Act 2012 (Section 77); Social Security (Scotland) Act 2018 (Section 28, Section 31, Section 32) PDFs: Printed copy https://openlegislation.uk/draft-social-security-residence-requirements-sudan-scotland-regulations-2023/pdf/sdsi_9780111057414_en.pdf; Policy Note https://openlegislation.uk/draft-social-security-residence-requirements-sudan-scotland-regulations-2023/pdf/sdsipn_9780111057414_en_001.pdf ## Introductory text Draft Regulations laid before the Scottish Parliament under section 96(2) of the Social Security (Scotland) Act 2018, for approval by resolution of the Scottish Parliament. Social Security Made 2023 Coming into force in accordance with regulation 1(1) The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13 of the Social Security Act 1988, sections 80 and 113(1) and paragraph 1 of schedule 2 of the Local Government Finance Act 1992, sections 64, 70 and 71 of the Social Security Contributions and Benefits Act 1992, section 77 of the Welfare Reform Act 2012, sections 28(2), 31(2) and 32(2) of the Social Security (Scotland) Act 2018 and all other powers enabling them to do so. In accordance with section 13(2) of the Social Security Act 1988, the Scottish Ministers have consulted the Welsh Ministers. In accordance with section 96(2) of the Social Security (Scotland) Act 2018, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament. In accordance with section 97(2) of that Act, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate. ## 1 Citation, commencement and extent (1) These Regulations may be cited as the Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 and come into force as soon as they are made. (2) These Regulations extend to Scotland only. ## 2 Amendment of disability and carer’s benefit legislation (1) The provisions specified in paragraph (3) are amended as follows. (2) In paragraph (1)— (a) at the end of sub-paragraph (e) omit “or”, and (b) after sub-paragraph (f) insert— “, or (g) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, 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 person— (i) was residing in Sudan before 15 April 2023, and (ii) left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan”. (3) The provisions mentioned in paragraph (1) are— (a) regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976 (refugees and certain persons with leave to enter and remain in the United Kingdom), (b) regulation 2C of the Social Security (Attendance Allowance) Regulations 1991 (refugees and certain persons with leave to enter and remain in the United Kingdom), (c) regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991 (refugees and certain persons with leave to enter and remain in the United Kingdom). ## 3 Amendment of the Social Security (Personal Independence Payment) Regulations 2013 (1) Regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013 (refugees and certain persons with leave to enter and remain in the United Kingdom) is amended as follows. (2) In paragraph (1)— (a) at the end of sub-paragraph (e) omit “or”, and (b) after sub-paragraph (f) insert— “, or (g) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, 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 C— (i) was residing in Sudan before 15 April 2023, and (ii) left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan”. ## 4 Amendment of the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (1) The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 are amended as follows. (2) In paragraph 4 of schedule 2 (residence requirement – pregnancy and baby grant) after sub-paragraph (2)(ac) insert— “(ad) a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and— (i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, (ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or (iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act”. (3) In paragraph 3 of schedule 3 (residence requirement – early learning grant) after sub-paragraph (2)(ac) insert— “(ad) a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and— (i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, (ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or (iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act”. (4) In paragraph 4 of schedule 4 (residence requirement – school-age grant) after sub-paragraph (2)(ac) insert— “(ad) a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and— (i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, (ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or (iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act”. ## 5 Amendment of the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (1) Regulation 9 of the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (residence requirement) is amended as follows. (2) After paragraph (2)(ac) insert— “(ad) a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and— (i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, (ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or (iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act”. ## 6 Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 (1) Regulation 8 of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 (conditions relating to residence) is amended as follows. (2) After paragraph (2)(ab) insert— “(ac) a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and— (i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, (ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or (iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act”. ## 7 Amendment of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (1) Regulation 5 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (residence and presence conditions) is amended as follows. (2) In paragraph (10A)— (a) at the end of sub-paragraph (e) omit “or”, and (b) after sub-paragraph (f) insert— “, or (g) 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 Sudan before 15 April 2023, and (ii) left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan ”. ## 8 Amendment of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (1) Regulation 15 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (residence and presence conditions) is amended as follows. (2) In paragraph (7)— (a) at the end of sub-paragraph (c) omit “or”, and (b) after sub-paragraph (d) insert— “, or (e) 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 Sudan before 15 April 2023, and (ii) left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan”. ## 9 Amendment of the Council Tax Reduction (Scotland) Regulations 2021 (1) Regulation 16 of the Council Tax Reduction (Scotland) Regulations 2021 (persons not entitled to council tax reduction: persons treated as not being in Great Britain) is amended as follows. (2) In paragraph (6)— (a) at the end of sub-paragraph (l) omit “or”, and (b) after sub-paragraph (m) insert— “, or (n) a person in Great Britain who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and— (i) has been granted leave in accordance with the rules referred to in sub-paragraph (f), or (ii) has a right of abode in the United Kingdom within the meaning of 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”. ## 10 Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (1) Regulation 16 of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (persons not entitled to council tax reduction: persons treated as not being in Great Britain) is amended as follows. (2) In paragraph (5)— (a) at the end of sub-paragraph (k) omit “or”, and (b) after sub-paragraph (l) insert— “, or (m) a person in Great Britain who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and— (i) has been granted leave in accordance with the rules referred to in sub-paragraph (e), or (ii) has a right of abode in the United Kingdom within the meaning of 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”. ## Signature Name A member of the Scottish Government St Andrew’s House, Edinburgh Date ## Explanatory note (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 from Sudan. Regulations 2, 3, 7 and 8 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 and the Disability Assistance for Working Age People (Scotland) Regulations 2022 respectively, to insert a new category of person into the list of persons who are exempt from having to satisfy the past presence test and habitual residence test. Regulations 4, 5 and 6 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 a new category of person into the list of persons who are exempt from having to satisfy the habitual residence test. The new category inserted by regulations 2 to 8 is a person with leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom or an Irish citizen who does not require leave to enter or remain in the United Kingdom, where they were residing in Sudan before 15 April 2023 and left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan. These Regulations also amend the Council Tax Reduction (Scotland) Regulations 2021 (“the Working Age Regulations”) and the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (“the Pension Age Regulations”) by extending the categories of persons who do not need to meet residence criteria in the United Kingdom in order to qualify for a council tax reduction. The Working Age Regulations concern council tax reduction for those who have not attained pensionable age or who meet other specified criteria while the Pension Age regulations concern council tax reduction for those who have reached the qualifying age for state pension credit. Regulation 9 inserts new categories into the list of persons who are not to be treated as not being in Great Britain for the purpose of the residence criteria set out in regulation 16 of the Working Age Regulations. The new categories are certain persons who were residing in Sudan before 15 April 2023 and left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan. The persons must have been granted leave to remain under the immigration rules made under section 3(2) of the Immigration Act 1971, have a right of abode in the United Kingdom or be an Irish citizen who does not require leave to enter or remain in the United Kingdom. Regulation 10 makes similar amendments to regulation 16 of the Pension Age Regulations. --- Source: https://www.legislation.gov.uk/sdsi/2023/9780111057414 (the official version) Page: https://openlegislation.uk/draft-social-security-residence-requirements-sudan-scotland-regulations-2023 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.