OpenLegislation

The Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026

S.I. 2026/679 · Made 23 June 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been made in consequence of defects in S.I. 2018/872, 2020/989, 2021/786, 2022/177, 2023/1218, 2024/919 and 2025/227, and S.R. 2019 No. 23, and is being issued free of charge to all known recipients of those Statutory Instruments.

CONSTITUTIONAL LAW

DEVOLUTION

SOCIAL SECURITY

Made 23rd June 2026

Laid before Parliament 25th June 2026

Coming into force 16th July 2026

The Secretary of State makes this Order in exercise of the powers conferred by sections 104, 112(1) and 113(2) and (3) of the Scotland Act 1998f1.

Annotations to the whole text

Footnotes

f1

1998 c. 46. Section 104 was amended by section 12 of the Scotland Act 2012 (c. 11) and section 10(3) of the Scotland Act 2016 (c. 11).

Contents

  1. Part 1: Citation, commencement and extent
  2. 1Citation, commencement and extent
  3. Part 2: England, Wales and Scotland
  4. 2Amendment of the Social Security (Claims and Payments) Regulations 1987
  5. 3Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
  6. 4Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
  7. 5Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005
  8. 6Amendment of the Housing Benefit Regulations 2006
  9. 7Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  10. 8Amendment of the Employment and Support Allowance Regulations 2008
  11. 9Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013
  12. Part 3: Northern Ireland
  13. 10Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999
  14. 11Amendment of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001
  15. 12Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005
  16. 13Amendment of the Housing Benefit Regulations (Northern Ireland) 2006
  17. 14Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006
  18. 15Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008
  19. 16Amendment of the State Pension Regulations (Northern Ireland) 2015
  20. 17Amendment of the Universal Credit Regulations (Northern Ireland) 2016
  21. 18Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016
  22. Signature
  23. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026 and comes into force on 16th July 2026.

(2)

Part 1 of this Order extends to England and Wales, Scotland and Northern Ireland.

(3)

Part 2 of this Order extends to England, Wales and Scotland.

(4)

Part 3 of this Order extends to Northern Ireland only.

2Amendment of the Social Security (Claims and Payments) Regulations 1987

In regulation 6 of the Social Security (Claims and Payments) Regulations 1987 (date of claim)f1—

(a)

in paragraph (22), in sub-paragraph (d) of the definition of “qualifying benefit” for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b)

in paragraph (38)(b)—

(i)

for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(ii)

omit the “or” after paragraph (iii);

(iii)

after paragraph (iv) insert

“; or

(v)

carer support payment within the meaning of regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023f2.”.

3Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

(1)

The Social Security and Child Support (Decisions and Appeals) Regulations 1999f1 are amended as follows.

(2)

In regulation 1 (citation, commencement, application and interpretation), in paragraph (3)—

(a)

for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b)

in the definition of “Scottish disability or carer benefit”—

(i)

omit the “or” after sub-paragraph (c);

(ii)

after sub-paragraph (d) insert

“; or

(e)

carer support payment within the meaning given in regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

(3)

In regulation 3(7)(b) (revision of decisions), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(4)

In regulation 6(2)(e)(ii) (supersession of decisions), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(5)

In regulation 7(7)(a) (date from which a decision superseded under section 10 takes effect), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

4Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

(1)

The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001f1 are amended as follows.

(2)

In regulation 1 (citation, commencement and interpretation), in paragraph (2)—

(a)

for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b)

in the definition of “Scottish disability or carer benefit”—

(i)

for “either” substitute “any”;

(ii)

omit the “and” after sub-paragraph (a);

(iii)

after sub-paragraph (b) insert—

“(c)

carer support payment within the meaning given in regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023f2;

(d)

pension age disability payment within the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024f3; or

(e)

Scottish adult disability living allowance within the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025f4;”.

(3)

In regulation 4 (revision of decisions)—

(a)

in paragraph (7B)(b) for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b)

after paragraph (7C) insert—

“(7CA)

Where entitlement to housing benefit has ceased (“decision A”) because entitlement to a Scottish disability or carer benefit has ceased (“decision B”), decision A may be revised at any time if entitlement to the Scottish disability or carer benefit to which decision B applies has been reinstated in consequence of a decision made under section 43 or 49 of the Social Security (Scotland) Act 2018.”.

(4)

In regulation 7(2)(i)(ii) (decisions superseding earlier decisions), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(5)

In regulation 8(14) (date from which a decision superseding an earlier decision takes effect), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

5Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005

In regulation 10(1A) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (deductions from an award of a funeral payment)f1—

(a)

after sub-paragraph (c) insert—

“(cza)

carer’s allowance supplement under section 81 of the Social Security (Scotland) Act 2018f2;”;

(b)

after sub-paragraph (ee) insert

“;

(eea)

young carer grant under the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019f3;”.

6Amendment of the Housing Benefit Regulations 2006

(1)

The Housing Benefit Regulations 2006f1 are amended as follows.

(2)

In regulation 28(11) (treatment of child care charges), after sub-paragraph (eb), insert—

“(ec)

an adult disability payment was payable on account of the other member’s incapacity but has ceased to be payable in accordance with regulation 28 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (effect of admission to hospital on ongoing entitlement to adult disability payment)f2;”.

(3)

In Schedule 3 (applicable amounts), in paragraph 14(2)(a)(i) after “regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022” insert “, a pension age disability payment in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024 f3”.

7Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1 are amended as follows.

(2)

In regulation 31(11) (treatment of child care charges), after sub-paragraph (eb), insert—

“(ec)

an adult disability payment was payable on account of the other member’s incapacity but has ceased to be payable in accordance with regulation 28 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (effect of admission to hospital on ongoing entitlement to adult disability payment);”.

(3)

In Schedule 3 (applicable amounts), in paragraph 6(6)(a) after “regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022” insert “, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations f2”.

(4)

In Schedule 4 (sums disregarded from claimant’s earnings), after paragraph 5(1)(a)(iva), insert—

“(ivb)

adult disability payment;”.

8Amendment of the Employment and Support Allowance Regulations 2008

In Schedule 6 to the Employment and Support Allowance Regulations 2008 (housing costs)f1, in paragraph 19(8)(a), after “Scottish adult disability living allowance” insert “, child disability payment”.

9Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

(1)

The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013f1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b)

in the definition of “Scottish disability or carer benefit”—

(i)

omit the “or” after paragraph (c);

(ii)

after paragraph (d) insert

“; or

(e)

carer support payment within the meaning given in regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023f2;”.

(3)

In regulation 12(b) (award of another benefit), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(4)

In paragraph 31 of Schedule 1 (effective dates for superseding decisions made on the ground of a change of circumstances), in sub-paragraphs (1) and (2)(a), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

10Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

(1)

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999f1 are amended as follows.

(2)

In regulation 1(2) (citation, commencement, application and interpretation)—

(a)

for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b)

in the definition of “Scottish disability or carer benefit” after sub-paragraph (d) insert—

“(e)

carer support payment within the meaning given in regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023f2 in circumstances where regulation 42(1) of those Regulations applies;”.

(3)

In regulation 3(7)(b) (revision of decisions), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(4)

In regulation 6(2)(e)(ii) (supersession of decisions), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(5)

In regulation 7(7)(a) (date from which a decision superseded under Article 11 takes effect), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

11Amendment of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001

(1)

The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001f1 are amended as follows.

(2)

In regulation 1(2) (citation, commencement and interpretation)—

(a)

for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b)

in the definition of “Scottish disability or carer benefit”—

(i)

for “either” substitute “any”;

(ii)

omit the “and” after sub-paragraph (a);

(iii)

after sub-paragraph (b) insert—

“(c)

carer support payment within the meaning given in regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;

(d)

pension age disability payment within the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024f2; or

(e)

Scottish adult disability living allowance within the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025f3;”.

(3)

In regulation 4 (revision of decisions)—

(a)

in paragraph (6B)(b) for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b)

after paragraph (6C) insert—

“(6CA)

Where entitlement to housing benefit has ceased (“decision A”) because entitlement to a Scottish disability or carer benefit has ceased (“decision B”), decision A may be revised at any time if entitlement to the Scottish disability or carer benefit to which decision B applies has been reinstated in consequence of a decision made under section 43 or 49 of the Social Security (Scotland) Act 2018.”.

(4)

In regulation 7(2)(h)(ii) (decisions superseding earlier decisions), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(5)

In regulation 8(12) (date from which a decision superseding an earlier decision takes effect), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

12Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005

In regulation 10(1A) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (deductions from an award of a funeral payment)f1—

(a)

after sub-paragraph (c) insert—

“(cza)

carer’s allowance supplement under section 81 of the Social Security (Scotland) Act 2018;”;

(b)

after sub-paragraph (bb) insert—

“(cc)

young carer grant under the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019;”.

13Amendment of the Housing Benefit Regulations (Northern Ireland) 2006

(1)

The Housing Benefit Regulations (Northern Ireland) 2006f1 are amended as follows.

(2)

In regulation 25(11) (treatment of child care charges), after sub-paragraph (eb), insert—

“(ec)

an adult disability payment was payable on account of the other member’s incapacity but has ceased to be payable in accordance with regulation 28 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (effect of admission to hospital on ongoing entitlement to adult disability payment)f2;”.

(3)

In Schedule 4 (applicable amounts), in paragraph 14(2)(a)(i), after “regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022” insert “or a pension age disability payment in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024;”.

14Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006f1 are amended as follows.

(2)

In regulation 29(11) (treatment of child care charges), after sub-paragraph (eb) insert—

“(ec)

an adult disability payment was payable on account of the other member’s incapacity but has ceased to be payable in accordance with regulation 28 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (effect of admission to hospital on ongoing entitlement to adult disability payment)f2;”.

(3)

In Schedule 4 (applicable amounts), in paragraph 6(6)(a), after “regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022” insert “, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations f3”.

(4)

In Schedule 5 (sums disregarded from claimant’s earnings), after paragraph 5(1)(a)(ivb) insert—

“(ivc)

adult disability payment;”.

15Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008

In paragraph 19(8)(a) of Schedule 6 (housing costs) to the Employment and Support Allowance Regulations (Northern Ireland) 2008f1, after “Scottish adult disability living allowance” insert “, child disability payment”.

16Amendment of the State Pension Regulations (Northern Ireland) 2015

(1)

The State Pension Regulations (Northern Ireland) 2015f1 are amended as follows.

(2)

In regulation 28(4)(a)(i) (credits for spouses and civil partners of members of Her Majesty’s forces), after “carer’s allowance” insert “or carer support payment”.

(3)

In regulation 29(2)(b) (credits under the 1975 regulations), after “carer’s allowance” insert “or carer support payment”.

(4)

In regulation 33(4)(a)(i) (credits for spouses and civil partners of members of Her Majesty’s forces), after “carer’s allowance” insert “or carer support payment”.

(5)

In regulation 37(4) (credits for persons engaged in caring), after sub-paragraph (a) insert—

“(aa)

pension age disability payment in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024f2 in circumstances where the person is resident in Northern Ireland and regulation 45(1) of those Regulations applies;”.

17Amendment of the Universal Credit Regulations (Northern Ireland) 2016

In paragraph 14(2) of Schedule 4 to the Universal Credit Regulations (Northern Ireland) 2016 (housing costs element for renters)f1, in heads (bb) and (da), omit “a person”.

18Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016

(1)

The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016f1 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b)

in the definition of “Scottish disability or carer benefit”—

(i)

omit the “or” after sub-paragraph (c);

(ii)

after sub-paragraph (d) insert

“or

(e)

carer support payment within the meaning given in regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023f2 in circumstances where regulation 42(1) of those Regulations applies;”.

(3)

In regulation 12(b) (award of another benefit), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(4)

In paragraph 31 of Schedule 1 (effective dates for superseding decisions made on the ground of a change of circumstances), in sub-paragraphs (1) and (2)(a), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Andrew Western

Parliamentary Under-Secretary of State

Department for Work and Pensions

23rd June 2026

Explanatory note

(This note is not part of the Order)

This Order makes amendments in consequence of regulations made under section 28 (carer’s assistance), section 31 (disability assistance) and section 81 (carer’s allowance supplement) of the Social Security (Scotland) Act 2018 (asp 9).

This Order makes amendments to social security legislation in England and Wales, Scotland and Northern Ireland, as the case may be, governing entitlement to certain benefits in consequence of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (S.S.I. 2023/302), the Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (S.S.I. 2025/3), the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 (S.S.I. 2019/324) and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (S.S.I. 2021/174).

Those Regulations introduce arrangements for the payment of various Scottish disability and carer benefits in the form of carer support payment (replacing carer’s allowance), carer’s allowance supplement, young carer’s grant, pension age disability payment (replacing attendance allowance), child disability payments (replacing disability living allowance for children and young people under 16), Scottish adult disability living allowance (replacing disability living allowance) and adult disability payment (replacing personal independence payment).

Where applicable, these Scottish benefits are intended to interact with the reserved benefit system in the same way as the benefits that they replace to ensure equal treatment across Great Britain in the reserved system and in Northern Ireland.

Consequential amendments arising from the introduction of those benefits were previously made to the reserved benefits system and in Northern Ireland via multiple Orders made under section 104 of the Scotland Act 1998 including S.I. 2018/872, 2020/989, 2021/786, 2022/177, 2023/1218, 2024/919 and 2025/227. The amendments included in this Order supplement those made in earlier Orders and correct omissions.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.