Regulation 23ZC Effect of move to Scotland (ongoing claim)F1

(1)

Where C 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 C—

(a)

has an ongoing claim for personal independence payment on the residence change date,

(b)

becomes permanently resident in Scotland on or after 6th November 2025, and

(c)

is, or in accordance with a provision other than this regulation is treated for the purposes of regulation 16(a) as being, present in England and Wales—

(i)

on the day on which C makes the claim, and

(ii)

on the day before the residence change date.

(3)

For the purposes of paragraph (2)(a), C 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 1998 Act,

(b)

been withdrawn in accordance with regulation 31 of the Claims and Payments Regulations, or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.

(4)

Where the day referred to in paragraph (i) or (ii) of paragraph (2)(c) is before 6th November 2025, 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 16(a) 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 1998 Act on C’s claim for personal independence payment, unless C withdraws the claim in accordance with regulation 31 of the Claims and Payments Regulations.

(6)

For the purposes of the decision of the Secretary of State mentioned in paragraph (5), regulation 16(a) applies as if for “England and Wales” there were substituted “Great Britain”.

(7)

If the Secretary of State decides that C is entitled to any component of personal independence payment—

(a)

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, and

(b)

if—

(i)

C has an award of any component of personal independence payment 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—

(a)

the “Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;

(b)

any reference to the date on which a person makes a claim for personal independence payment (however expressed) is to be construed in accordance with regulation 12 of the Claims and Payments Regulations.

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.