# The Social Security (Attendance Allowance) Regulations 1991, Regulation 2E: Effect of move to Scotland (ongoing claim)


(1) Where a person satisfies the conditions in paragraph (2), the Secretary of State must comply with the requirement in paragraph (5).
(2) The conditions mentioned in paragraph (1) are, subject to paragraph (4), that the person—
(a) has an ongoing claim for attendance allowance on the residence change date,
(b) becomes permanently resident in Scotland on or after 23rd February 2026, and
(c) is, or in accordance with regulation 2 is treated for the purposes of regulation 2(1)(a)(ii) as being, present in England and Wales—
(i) on the day on which the person makes the claim, and
(ii) on the day before the residence change date.
(3) For the purposes of paragraph (2)(a), the person has an ongoing claim on the residence change date if, before that date, the claim has not—
(a) been decided by the Secretary of State under section 8 of the Social Security Act 1998,
(b) been withdrawn in accordance with regulation 5(2) of the Claims and Payments Regulations, or
(c) otherwise ceased to be under consideration before being decided by the Secretary of State under section 8 of the Social Security Act 1998.
(4) Where the day referred to in paragraph (i) or (ii) of paragraph (2)(c) is before 23rd February 2026, the condition in that paragraph is to be read to the effect that the person must be present in England and Wales, or treated for the purposes of regulation 2(1)(a)(ii) as being present in Great Britain, on that day.
(5) The requirement mentioned in paragraph (1) is that the Secretary of State must make a decision under section 8 of the Social Security Act 1998 on the person’s claim for attendance allowance, unless the person withdraws the claim in accordance with regulation 5(2) of the Claims and Payments Regulations.
(6) For the purposes of the decision of the Secretary of State mentioned in paragraph (5), regulation 2(1)(a)(ii) applies as if for “England and Wales” there were substituted “Great Britain”.
(7) If the Secretary of State decides that the person is entitled to attendance allowance—
(a) 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, and
(b) if—
(i) the person has an award of attendance allowance which is for a fixed term period, and
(ii) the 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.
(8) In this regulation, any reference to the date on which a person makes a claim for attendance allowance (however expressed) is to be construed in accordance with regulation 6 of the Claims and Payments Regulations.

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Source: https://www.legislation.gov.uk/uksi/1991/2740/regulation/2E (the official version)
Page: https://openlegislation.uk/social-security-attendance-allowance-regulations-1991/regulation-2E
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.