Regulation 3 Amendment of the Social Security (Attendance Allowance) Regulations 1991

(1)

The Social Security (Attendance Allowance) Regulations 1991^f1 are amended as follows.

(2)

In regulation 1 (citation, commencement and interpretation)—

(a)

in paragraph (2)—

(i)

after the definition of “the Act”, insert—

““the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987;”;

(ii)

after the definition of “the NHS (Wales) Act of 2006”, insert—

““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 Secretary of State is notified of the move and whether or not any such notification takes place before or after the person moves to Scotland);”;

(b)

after paragraph (2), insert—

“(2A)

In these Regulations, “the run-on period”, in relation to a person, is the period—

(a)

beginning with the residence change date, and

(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).

(2B)

For the purposes of paragraph (2A)—

(a)

“pay day” means the day of the week on which the person’s attendance allowance is payable in accordance with paragraph 1 of Schedule 6 to the Claims and Payments Regulations;

(b)

“the relevant period” means the period of 13 weeks beginning with the residence change date.”.

(3)

In regulation 2 (conditions as to residence and presence in Great Britain)—

(a)

in paragraph (1)—

(i)

in the words before sub-paragraph (a), for “and 2C” substitute “, 2C, 2D and 2E”;

(ii)

in sub-paragraph (a)(ii), for “Great Britain” substitute “England and Wales”;

(b)

in paragraph (2), in the words before sub-paragraph (a), for “Great Britain” in the second place it appears substitute “the relevant area”;

(c)

in paragraph (3B), in the words before sub-paragraph (a), for “Great Britain” in the second place it appears substitute “the relevant area”;

(d)

after paragraph (3B), insert—

“(3BA)

In this regulation, “the relevant area” means—

(a)

for the purposes of paragraph (1)(a)(ii), England and Wales;

(b)

for the purposes of paragraph (1)(a)(iii), Great Britain.”;

(e)

after paragraph (3C), insert—

“(3CA)

Where a person is required for the purposes of paragraph (1)(a)(ii) to be present in England and Wales, even though the person is absent from England and Wales on any day, the person is to be treated as though they were present in England and Wales on that day if—

(a)

the person’s absence on that day is by reason only of the fact that they are temporarily absent from England and Wales, and

(b)

the person is present in Scotland.”.

(4)

After regulation 2C (refugees and certain persons with leave to enter or remain in the United Kingdom), insert—

“Effect of move to Scotland

2D

(1)

This regulation applies where a person entitled to attendance allowance becomes permanently resident in Scotland on or after 23rd February 2026.

(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 England and Wales on or after the residence change date, to be treated as present in England and Wales for the purposes of regulation 2(1)(a)(ii) for the duration of the run-on period.

(3)

If, on the day before the residence change date—

(a)

the person has an award of attendance allowance which is for a fixed term period, and

(b)

that 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.

Effect of move to Scotland (ongoing claim)

2E

(1)

Where a person 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 the person—

(a)

has an ongoing claim for attendance allowance on the residence change date,

(b)

becomes permanently resident in Scotland on or after 23rd February 2026, and

(c)

is, or in accordance with regulation 2 is treated for the purposes of regulation 2(1)(a)(ii) as being, present in England and Wales—

(i)

on the day on which the person makes the claim, and

(ii)

on the day before the residence change date.

(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—

(a)

been decided by the Secretary of State under section 8 of the Social Security Act 1998,

(b)

been withdrawn in accordance with regulation 5(2) 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 Social Security Act 1998.

(4)

Where the day referred to in paragraph (i) or (ii) of paragraph (2)(c) is before 23rd February 2026, 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 2(1)(a)(ii) 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 Social Security Act 1998 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.

(6)

For the purposes of the decision of the Secretary of State mentioned in paragraph (5), regulation 2(1)(a)(ii) applies as if for “England and Wales” there were substituted “Great Britain”.

(7)

If the Secretary of State decides that the person is entitled to attendance allowance—

(a)

the person 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 2(1)(a)(ii) for the duration of the run-on period, and

(b)

if—

(i)

the person has an award of attendance allowance 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, 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.”.

Annotations

Footnotes

f1: S.I. 1991/2740; relevant amending instruments are S.I. 2013/389 and 2017/1015.