Regulation 2ZB Persons with an ongoing claim for disability living allowance: effect of move to ScotlandF1

England, Wales and Scotland

(F21)

Where a person satisfies the conditions in paragraph (2), the Secretary of State must comply with the requirement in paragraph (3).

(2)

The conditions mentioned in paragraph (1) are, subject to paragraph (2B), that the person—

(a)

has an ongoing claim for disability living 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.

(F32A)

For the purposes of paragraph (2)(a), a person has an ongoing claim for disability living allowance on the residence change date if, before that date, the claim for disability living allowance has not—

(a)

been decided by the Secretary of State under section 8 of the 1998 Act,

(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been withdrawn in accordance with regulation 5(2) of the Claims and Payments Regulations, or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 1998 Act.

(2B)

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.

(3)

The F4requirement mentioned in paragraph (1) is that the Secretary of State must make a decision under section 8 of the 1998 Act on the F5person's claim for disability living allowance, unless the person withdraws the claim in accordance with regulation 5(2) of the Claims and Payments Regulations.

(4)

For the purposes of the Secretary of State making such a decision, F6regulation 2(1)(a)(ii) applies as if for “England and Wales” there were substituted “Great Britain”.

(5)

If the Secretary of State determines that the F7person is entitled to disability living allowance—

(a)

the person is F8, insofar as they are not present in England and Wales on or after the residence change date, to be treated as satisfying the condition in regulation 2(1)(a)(ii) until the end of the F9run-on period, and

(b)

if—

(i)

the person has an award of any component of disability living 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 end of the run-on period.

(6)

In this regulation—

F10(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

any reference to the date on which a person makes a claim for disability living allowance (however expressed) is to be construed in accordance with regulation 6 of the Claims and Payments Regulations.

Annotations

Textual amendments

F1: Regs. 2ZA, 2ZB inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(5)
F2: Reg. 2ZB(1)(2) 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(6)(a) (with savings in regs. 6, 7)
F3: Reg. 2ZB(2A)(2B) 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), 4(6)(b) (with savings in regs. 6, 7)
F4: Words in reg. 2ZB(3) 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), 4(6)(d) (with savings in regs. 6, 7)
F5: Word in reg. 2ZB(3) 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(6)(c) (with savings in regs. 6, 7)
F6: Words in reg. 2ZB(4) 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(6)(e) (with savings in regs. 6, 7)
F7: Word in reg. 2ZB(5) 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(6)(c) (with savings in regs. 6, 7)
F8: Words in reg. 2ZB(5)(a) 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), 4(6)(f)(ii) (with savings in regs. 6, 7)
F9: Words in reg. 2ZB(5) 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(6)(f)(i) (with savings in regs. 6, 7)
F10: Reg. 2ZB(6)(a) omitted (23.2.2026) by virtue of The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(6)(g) (with savings in regs. 6, 7)

Notes on the whole SI

Textual amendments

F1: 1991 c.21 .
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 .