{
  "url": "https://openlegislation.uk/social-security-scotland-cross-border-consequential-amendment-and-transitional-provision-regulations-2025/regulation-4",
  "json_url": "https://openlegislation.uk/social-security-scotland-cross-border-consequential-amendment-and-transitional-provision-regulations-2025/regulation-4.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/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Amendment of the Social Security (Disability Living Allowance) Regulations 1991",
  "text": "(1) The Social Security (Disability Living Allowance) Regulations 1991 are amended as follows.\n(2) In regulation 1 (citation, commencement and interpretation)—\n(a) in paragraph (6)(b), for “pay day which falls immediately after the end of the relevant period” substitute “first pay day following the end of the relevant period (irrespective of whether or not the person’s disability living allowance is payable in that particular week)”;\n(b) in paragraph (7)(a), for “on which a payment of disability living allowance is made in accordance with regulation 25(1) of the Claims and Payments Regulations” substitute “of the week on which the person’s disability living allowance is payable in accordance with paragraph 1 of Schedule 6 to the Claims and Payments Regulations”.\n(3) Omit regulation 1ZA (regulations 2 and 2ZA: the status condition and the award condition).\n(4) In regulation 2 (conditions as to residence and presence in Great Britain)—\n(a) in paragraph (1)(a)(ii), for “the relevant place” substitute “England and Wales”;\n(b) omit paragraph (1ZZA);\n(c) in paragraph (3BA)—\n(i) in the words before sub-paragraph (a), for “In paragraphs (2), (3B) and (3D)” substitute “In this regulation”;\n(ii) in sub-paragraph (a), for “the relevant place” substitute “England and Wales”.\n(5) For regulation 2ZA (persons who are entitled to disability living allowance: effect of move to Scotland) substitute—\n“Persons who are entitled to disability living allowance: effect of move to Scotland\n2ZA (1) This regulation applies where a person 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 disability living 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.\n(3) If, on the day before the residence change date—\n(a) the person has an award of disability living 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.”.\n(6) In regulation 2ZB (persons with an ongoing claim for disability living allowance: effect of move to Scotland)—\n(a) for paragraphs (1) and (2) substitute—\n“(1) Where a person satisfies the conditions in paragraph (2), the Secretary of State must comply with the requirement in paragraph (3).\n(2) The conditions mentioned in paragraph (1) are, subject to paragraph (2B), that the person—\n(a) has an ongoing claim for disability living 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 England and Wales—\n(i) on the day on which the person makes the claim, and\n(ii) on the day before the residence change date.”;\n(b) after paragraph (2), insert—\n“(2A) For the purposes of paragraph (2)(a), a person has an ongoing claim for disability living allowance on the residence change date if, before that date, the claim for disability living allowance has not—\n(a) been decided by the Secretary of State under section 8 of the 1998 Act,\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 Secretary of State under section 8 of the 1998 Act.\n(2B) 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.”;\n(c) in paragraphs (3) and (5), for “new DLA claimant” wherever it appears (including within the expression “new DLA claimant’s”) substitute “person”;\n(d) in paragraph (3), after “The” in the first place it appears, insert “requirement mentioned in paragraph (1) is that the”;\n(e) in paragraph (4), for “regulation 2 applies as if the amendments made to that regulation by the Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 had not been made” substitute “regulation 2(1)(a)(ii) applies as if for “England and Wales” there were substituted “Great Britain””;\n(f) in paragraph (5)—\n(i) for “transfer day” wherever it appears substitute “run-on period”;\n(ii) in sub-paragraph (a), after “is”, insert “, insofar as they are not present in England and Wales on or after the residence change date,”;\n(g) omit paragraph (6)(a).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1991/2890; relevant amending instruments are S.I. 1993/1939, 2013/389, 2017/1015, 2023/664 and 2025/884."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1089/regulation/4",
    "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."
}