Regulation 2D Effect of move to ScotlandF1
This regulation applies where a person entitled to attendance allowance becomes permanently resident in Scotland on or after 23rd February 2026.
If, on the day before the residence change date, a person is entitled to attendance allowance, the person is, insofar as they are not present in England and Wales on or after the residence change date, to be treated as present in England and Wales for the purposes of regulation 2(1)(a)(ii) for the duration of the run-on period.
If, on the day before the residence change date—
the person has an award of attendance allowance which is for a fixed term period, and
that fixed term period is due to expire before the end of the run-on period,
the fixed term period is extended so that it expires at the same time as the run-on period.
Annotations
Textual amendments
- F1
Regs. 2D, 2E inserted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 3(4) (with reg. 6)
Notes on the whole SI
Textual amendments
- F1
1975 c.14. Section 35(1) was amended by section 2(1) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) (“the 1991 Act”). Subsection (2) was amended by section 2(2) of the Social Security Act 1979 (c.18) (“the 1979 Act”) and section 10 of and Schedule 4 to the 1979 Act. Subsection (2A) was inserted by section 2(3) and (6) of the 1979 Act. Subsection (4A) was inserted by paragraph 8 of Schedule 1 to the Social Security Act 1980 (c.30). Schedule 20 is cited for the meaning it ascribes to the words “prescribed” and “regulations”.
- F2
See the Social Security Act 1980 (c.30), section 10 and paragraph 12(3) of Schedule 3.