Regulation 2ZA Persons who are entitled to disability living allowance: effect of move to ScotlandF1
This regulation applies where a person 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 disability living 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 disability living 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
Reg. 2ZA substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(5) (with savings in regs. 6, 7)
Notes on the whole SI
Textual amendments
- F1
- F2
1975 c.14 . Sections 37ZA–37ZE were inserted in the Social Security Act 1975, by the Disability Living Allowance and Disability Working Allowance Act 1991; section 166 was amended by the Social Security Act 1989 (c.24) Schedule 8, paragraph 10(1); subsection (3A) was inserted in section 166 by the Social Security Act 1986 (c.50) , section 62(1) ; Schedule 20 is cited because of the meaning it ascribes to the words “Prescribed” and “Regulations”, and for the enabling power contained within the meaning of the word “Child”, which was inserted by the Child Benefit Act 1975 (c.61) , Schedule 4 , paragraph 38 .
- F3
1977 c.5 ; section 13 was amended by the Social Security Act 1979 (c.18) Schedule 3, paragraph 29(c) and the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) , section 4 , Schedule 2 , paragraph 8 .