Regulation 6 Transitional provision
Subject to paragraph (2), where a person is a transferring individual, as defined by a provision in column 1 of the following table, on or before the date specified in the corresponding row of column 2, the amendments made by regulations 2 to 5 and 8 to 10 do not apply to that person until the earlier of—
the first day of entitlement under an award of a relevant benefit made to the transferring individual by the Scottish Ministers,
the date of a determination by the Scottish Ministers that the transferring individual is not entitled to an award of a relevant benefit, or
the date that the person ceases to be permanently resident in Scotland.
| Column 1 | Column 2 |
|---|---|
| Paragraph 7 of the Schedule to the Disability Assistance for Children and Young People (Scotland) Regulations 2021f1 | 5th November 2025 |
| Paragraph 7 of Schedule 2 to the Disability Assistance for Working Age People (Scotland) Regulations 2022f2 | 5th November 2025 |
| Paragraph 3 of Schedule 1 to the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023f3 | 5th November 2025 |
| Paragraph 7 of the Schedule to the Disability Assistance for Older People (Scotland) Regulations 2024f4 | 22nd February 2026 |
| Regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025f5 | 22nd February 2026 |
Paragraph (1) does not apply if on or before the date listed in column 2—
the Scottish Ministers make an award of a relevant benefit to the transferring individual,
the Scottish Ministers determine that the transferring individual is not entitled to an award of a relevant benefit, or
the transferring individual ceases to have an entitlement to personal independence payment, carer’s allowance, attendance allowance or disability living allowance (whichever is applicable to the transferring individual).
Where, before the relevant date—
a person becomes permanently resident in Scotland,
that person is entitled to personal independence payment, carer’s allowance, attendance allowance or disability living allowance immediately before that change in residence,
that person has not ceased to be entitled to personal independence payment, carer’s allowance, attendance allowance or disability living allowance,
the Scottish Ministers are aware of that change in residence, and
there has been no determination by the Scottish Ministers of the person’s entitlement to an award of a relevant benefit,
the amendments made by regulations 2 to 5 and 8 to 10 do not apply to that person until the earlier of the first day of entitlement under an award of a relevant benefit made to the person by the Scottish Ministers, the date of a determination by the Scottish Ministers that the person is not entitled to an award of a relevant benefit or the date that the person ceases to be permanently resident in Scotland.
In paragraph (3), the “relevant date” means—
for a person who was entitled to personal independence payment or carer’s allowance immediately before becoming permanently resident in Scotland, 6th November 2025;
for a person who was entitled to attendance allowance or disability living allowance immediately before becoming permanently resident in Scotland, 23rd February 2026.
Where neither paragraph (1) nor (3) applies, and a person—
became permanently resident in Scotland before 6th November 2025, and
was entitled to carer’s allowance—
on 5th November 2025 under section 70(1A) of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”), or
on 5th November 2025 under section 70 of the 1992 Act but, after that date, the severely disabled person for whom the person cares (within the meaning of that section) dies,
the person is to be treated as present in England and Wales on any day between the date of death and the expiry of the period specified in section 70(1A)(b) of the 1992 Act where they are absent from England and Wales and their entitlement under that section would therefore otherwise cease as a result of being permanently resident in Scotland.
In this regulation an “award of a relevant benefit” means an award in accordance with any of the following legislation—
the Disability Assistance for Children and Young People (Scotland) Regulations 2021;
the Disability Assistance for Working Age People (Scotland) Regulations 2022;
the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
the Disability Assistance for Older People (Scotland) Regulations 2024;
the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025.
Annotations
Footnotes
- f1
- f2
-
S.S.I. 2022/54, amended by S.S.I. 2022/217; there are other amending instruments but none is relevant.
- f3
- f4
- f5