Explanatory note

Section 71 of the Scotland Act 2016 (c. 11) (“the Act”) allows the Secretary of State by regulations to make such consequential provision in connection with any provision of Parts 1 and 3 to 6 of the Act (only Part 3 is relevant in this case) as the Secretary of State considers appropriate.

These Regulations make changes consequential upon the introduction of new social security benefits in Scotland to replace carer’s allowance, attendance allowance, disability living allowance and personal independence payment.

Regulations 2 to 5, each of which relates to one of the benefits listed above, make changes which mean a person:

• is generally only entitled to the benefit if they are present in England and Wales,

• can continue to be entitled to the benefit, upon permanently moving to Scotland, for a period of up to 13 weeks and 6 days (or longer for recipients of a carer’s allowance following the death of the severely disabled person for whom they care) following their move (a “run-on period”), and

• will receive a decision from the Secretary of State if they have an ongoing claim for the benefit on the date of moving permanently to Scotland.

Regulations 11 to 14 make corresponding provision in Northern Ireland legislation as required.

Regulations 8 to 10 make consequential changes to existing provisions that extend to England and Wales only.

Regulation 6 is a transitional provision that provides that the changes made by regulations 2 to 5 and 8 to 10 do not apply to certain claimants who permanently moved to Scotland before the coming into force date of these Regulations, and therefore do not benefit from the run-on period. This allows their entitlement to continue until the Scottish Ministers have determined whether or not they are entitled to the replacement Scottish benefit. It also ensures claimants of a carer’s allowance are entitled to payment for the full period of 8 weeks provided for in section 70(1A) of the Social Security Contributions and Benefits Act 1992 (c. 4) should the severely disabled person for whom they care pass away shortly before they move to Scotland, or after they move to Scotland but before they gain entitlement to the replacement Scottish benefit.

Regulations 7 and 15 are saving provisions preserving the current position for certain claimants of disability living allowance, for whom changes consequential upon the introduction of Child Disability Payment are already in force.

No impact assessment has been prepared for this instrument as no impact, or no significant impact, on the private, voluntary or public sectors is foreseen.