Regulation 23ZB Effect of move to Scotland (C entitled to personal independence payment)F1

(1)

This regulation applies where C becomes permanently resident in Scotland on or after 6th November 2025.

(2)

If, on the day before the residence change date, C is entitled to any component of personal independence payment, C 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 16(a) for the duration of the run-on period.

(3)

If, on the day before the residence change date—

(a)

C has an award of any component of personal independence payment which is for a fixed term period, and

(b)

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.

(4)

“The run-on period”, in relation to a person, is the period—

(a)

beginning with the residence change date, and

(b)

ending at the end of the period of 13 weeks beginning on the residence change date.

Annotations

Textual amendments

F1: Regs. 23ZB, 23ZC inserted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 5(9) (with reg. 6)

Notes on the whole SI

Textual amendments

F1: 2012 c.5.
F2: See section 173(5)(a) of the Social Security Administration Act 1992 (c.5) (‘the 1992 Act’). The requirement to refer regulations to the Social Security Advisory Committee does not apply where regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the regulations were made. Schedule 9, paragraph 26(a) to the Welfare Reform Act 2012 (c.5) (‘the Act’) inserted a reference to Part 4 of that Act into section 170(5) of the 1992 Act which has the effect of making that Part of the Act a ‘relevant enactment’ and therefore subject to the requirement to refer regulations to the Social Security Advisory Committee unless section 173(5) applies.