{
  "url": "https://openlegislation.uk/social-security-scotland-cross-border-consequential-amendment-and-transitional-provision-regulations-2025/regulation-12",
  "json_url": "https://openlegislation.uk/social-security-scotland-cross-border-consequential-amendment-and-transitional-provision-regulations-2025/regulation-12.json",
  "legislation": "uksi/2025/1089",
  "legislation_title": "The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/social-security-scotland-cross-border-consequential-amendment-and-transitional-provision-regulations-2025",
  "path": "regulation/12",
  "kind": "regulation",
  "number": "12",
  "heading": "Amendment of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992",
  "text": "(1) The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 are amended as follows.\n(2) In regulation 1 (citation, commencement and interpretation)—\n(a) in paragraph (2), after the definition of “the 1998 Order”, insert—\n““the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987;\n“the residence change date”, in relation to a person, means the date on which the person becomes permanently resident in Scotland (whether or not the Department is notified of the move and whether or not any such notification takes place before or after the person moves to Scotland);”;\n(b) after paragraph (2), insert—\n“(2A) In these Regulations “the run-on period”, in relation to a person, is the period—\n(a) beginning with the residence change date; and\n(b) ending at the end of the day preceding the first pay day following the end of the relevant period (irrespective of whether or not the person’s attendance allowance is payable in that particular week).\n(2B) For the purposes of paragraph (2A)—\n(a) “pay day” means the day of the week on which the person’s attendance allowance is payable in accordance with regulation 25(1) of the Claims and Payments Regulations;\n(b) “the relevant period” means the period of 13 weeks beginning with the residence change date.”.\n(3) In regulation 2(1) (conditions as to residence and presence in Northern Ireland), in the words before sub-paragraph (a), for “and 2C” substitute “, 2C, 2D and 2E”.\n(4) After regulation 2C (refugees and certain persons with leave to enter or remain in the United Kingdom), insert—\n“Effect of move to Scotland\n2D (1) This regulation applies where a person entitled to attendance allowance becomes permanently resident in Scotland on or after 23rd February 2026.\n(2) If, on the day before the residence change date, a person is entitled to attendance allowance, the person is, insofar as they are not present in Northern Ireland on or after the residence change date, to be treated as present in Northern Ireland for the purposes of regulation 2(1)(a)(ii) for the duration of the run-on period.\n(3) If, on the day before the residence change date—\n(a) the person has an award of attendance allowance which is for a fixed term period; and\n(b) that fixed term period is due to expire before the end of the run-on period;\nthe fixed term period is extended so that it expires at the same time as the run-on period.\nEffect of move to Scotland (ongoing claim)\n2E (1) Where a person satisfies the conditions in paragraph (2), the Department must comply with the requirement in paragraph (4).\n(2) The conditions mentioned in paragraph (1) are that the person—\n(a) has an ongoing claim for attendance allowance on the residence change date;\n(b) becomes permanently resident in Scotland on or after 23rd February 2026; and\n(c) is, or in accordance with regulation 2 is treated for the purposes of regulation 2(1)(a)(ii) as being, present in Northern Ireland—\n(i) on the day on which the person makes the claim, and\n(ii) on the day before the residence change date.\n(3) For the purposes of paragraph (2)(a), the person has an ongoing claim on the residence change date if, before that date, the claim has not—\n(a) been decided by the Department under Article 9 of the 1998 Order;\n(b) been withdrawn in accordance with regulation 5(2) of the Claims and Payments Regulations; or\n(c) otherwise ceased to be under consideration before being decided by the Department under Article 9 of the 1998 Order.\n(4) The requirement mentioned in paragraph (1) is that the Department must make a decision under Article 9 of the 1998 Order on the person’s claim for attendance allowance, unless the person withdraws the claim in accordance with regulation 5(2) of the Claims and Payments Regulations.\n(5) If the Department decides that the person is entitled to attendance allowance—\n(a) the person is, insofar as they are not present in Northern Ireland on or after the residence change date, to be treated as present in Northern Ireland for the purposes of regulation 2(1)(a)(ii) for the duration of the run-on period; and\n(b) if—\n(i) the person has an award of attendance allowance which is for a fixed term period, and\n(ii) the fixed term period is due to expire before the end of the run-on period,\nthe fixed term period is extended so that it expires at the same time as the run-on period.\n(6) In this regulation, any reference to the date on which a person makes a claim for attendance allowance (however expressed) is to be construed in accordance with regulation 6 of the Claims and Payments Regulations.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.R. 1992 No. 20; relevant amending instruments are S.R. 1999 No. 428 (c. 32), S.R. 2016 No. 229 and S.R. 2017 No. 218."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1089/regulation/12",
    "retrieved_at": "2026-10-28T21:10:47.266120+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}