# The Social Security (Residence in an EEA State or Switzerland) (Miscellaneous Amendment) (Scotland) Regulations 2025 S.S.I. 2025/415 · made 18 December 2025 These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976, the Social Security (Disability Living Allowance) Regulations 1991 and the Social Security (Personal Independence Payment) Regulations 2013. They reflect that claimants, to whom a relevant EU regulation applied on 31st December 2020 (the date of the end of the transition period following the UK’s withdrawal from the EU), maintain their rights to carer’s allowance, the care component of disability living allowance and the daily living component of personal independence payment subject to certain conditions. The individual must have continuously received these benefits since 31st December 2020, and they must not have been habitually resident in the United Kingdom on or after that date. These Regulations do not create a ground for new claims but provide a legislative basis to continue paying benefits already in payment. Made under: Social Security Contributions and Benefits Act 1992 (Section 70, Section 71, Section 175); Welfare Reform Act 2012 (Section 77, Section 94) PDFs: Printed copy https://openlegislation.uk/social-security-residence-in-an-eea-state-or-switzerland-miscellaneous-amendment-scotland-regulations-2025/pdf/ssi_20250415_en.pdf; Policy Note https://openlegislation.uk/social-security-residence-in-an-eea-state-or-switzerland-miscellaneous-amendment-scotland-regulations-2025/pdf/ssipn_20250415_en_001.pdf ## Introductory text SOCIAL SECURITY Made 18th December 2025 Laid before the Scottish Parliament 22nd December 2025 Coming into force 1st April 2026 The Scottish Ministers make these Regulations in exercise of the powers conferred by sections 70(4), 71(6) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 and sections 77(3) and 94(1) and (2) of the Welfare Reform Act 2012. ## 1 Citation, commencement and extent (1) These Regulations may be cited as the Social Security (Residence in an EEA State or Switzerland) (Miscellaneous Amendment) (Scotland) Regulations 2025 and come into force on 1 April 2026. (2) These Regulations extend to Scotland only. ## 2 Amendment to the Social Security (Invalid Care Allowance) Regulations 1976 In regulation 9B of the Social Security (Invalid Care Allowance) Regulations 1976 (persons residing in an EEA state or in Switzerland to whom a relevant EU Regulation applies) for paragraph (b) substitute— “(b) a relevant EU Regulation— (i) applies to the person; or (ii) except where the person has been habitually resident in the United Kingdom after 31st December 2020, applied to the person on 31st December 2020 and they have been continuously in receipt of a carer’s allowance on and from that date; and”. ## 3 Amendment to the Social Security (Disability Living Allowance) Regulations 1991 In regulation 2B of the Social Security (Disability Living Allowance) Regulations 1991 (persons residing in an EEA state or in Switzerland to whom a relevant EU Regulation applies) for paragraph (b) substitute— “(b) a relevant EU Regulation— (i) applies to the person; or (ii) except where the person has been habitually resident in the United Kingdom after 31st December 2020, applied to the person on 31st December 2020 and they have been continuously in receipt of the care component of disability living allowance on and from that date; and”. ## 4 Amendment to the Social Security (Personal Independence Payment) Regulations 2013 In regulation 23 of the Social Security (Personal Independence Payment) Regulations 2013 (persons residing in an EEA state or in Switzerland to whom a relevant EU Regulation applies) for paragraph (b) substitute— “(b) a relevant EU Regulation— (i) applies to C; or (ii) except where C has been habitually resident in the United Kingdom after 31st December 2020, applied to C on 31st December 2020 and they have been continuously in receipt of the daily living component of personal independence payment on and from that date; and”. ## Signature SHIRLEY-ANNE SOMERVILLE A member of the Scottish Government St Andrew's House, Edinburgh 18th December 2025 ## Explanatory note (This note is not part of the Regulations) These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976, the Social Security (Disability Living Allowance) Regulations 1991 and the Social Security (Personal Independence Payment) Regulations 2013. They reflect that claimants, to whom a relevant EU regulation applied on 31st December 2020 (the date of the end of the transition period following the UK’s withdrawal from the EU), maintain their rights to carer’s allowance, the care component of disability living allowance and the daily living component of personal independence payment subject to certain conditions. The individual must have continuously received these benefits since 31st December 2020, and they must not have been habitually resident in the United Kingdom on or after that date. These Regulations do not create a ground for new claims but provide a legislative basis to continue paying benefits already in payment. --- Source: https://www.legislation.gov.uk/ssi/2025/415 (the official version) Page: https://openlegislation.uk/social-security-residence-in-an-eea-state-or-switzerland-miscellaneous-amendment-scotland-regulations-2025 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.