(b) leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

(i) the Afghan Relocations and Assistance Policy; or

(ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);

(d) been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c); ...

(e) leave granted under the Afghan Citizens Resettlement Scheme; ...

(f) leave to enter or remain in the United Kingdom granted under or outside the immigration rules , a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—

(i) was residing in Ukraine immediately before 1st January 2022; and

(ii) left Ukraine in connection with the Russian invasion which took place on 24th February 2022; ...

(g) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—

(i) was residing in Sudan before 15th April 2023; and

(ii) left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan....

(h) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—

(i) was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023; and

(ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack.

(i) met conditions A to D.

Condition AThe person was residing in a country or territory outside Northern Ireland immediately before His Majesty’s Government—provided public information to advise British nationals to leave that country or territory, orarranged the evacuation of British nationals from that country or territory.

Condition BThe person has left that country or territory.

Condition CThe person arrived in Northern Ireland in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.

Condition DThe person—has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, orhas leave on a discretionary basis outside of rules made under section 3(2) of that Act; or

(1A) Regulation 16(c) shall not apply in relation to a claim for personal independence payment where any sub-paragraph in paragraph (1) applies to C.

(1B) Where paragraph 1(i) applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started.

(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.

Persons residing in an EEA state ... or in Switzerland to whom a relevant EU Regulation applies

Persons in receipt of an equivalent Scottish benefit who move from Scotland to Northern Ireland

23ZA

(1) Where regulation 36(1) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 applies to C, regulation 16(c) of these Regulations is treated as not satisfied for the period set out in regulation 36(1) of those Regulations.

(2) Where regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies to C, regulation 16(c) of these Regulations is treated as not satisfied for the period set out in regulation 53(1) of those Regulations.

Refugees

Refugees and certain persons with leave to enter or remain in the United Kingdom

The prescribed date: claims for personal independence payment after award of child disability payment

15A

(1) Where C makes a claim for personal independence payment (“the new claim”) and had a previous award of child disability payment, which ended not more than 2 years before the date on which the new claim is made, and is aged 16 years or over at the date of the new claim, paragraphs (2), (3) , (4) and (5) ) apply.

(2) In relation to determination of entitlement under the new claim—

(a) the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended, where that award was in respect of child disability payment;

(b) regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to the new claim as if, for the words “the prescribed date” there were substituted “the date on which the new claim for personal independence payment is made”.

(3) Where C is awarded either or both components under the new claim, in relation to entitlement to that component or, as the case may be, those components, for the period of 3 months following the date of the new claim—

(a) the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended, where that award was in respect of child disability payment; and

(b) regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to that award as if for the words “the prescribed date” there were substituted “each day of the award”.

(4) C is to be regarded as meeting such of the conditions (as modified by paragraphs (2) and (3) above) in—

(a) regulation 12(1)(a) or (2)(a) (required period condition: daily living component);

(b) regulation 13(1)(a) or (2)(a) (required period condition: mobility component),

as are relevant to C’s new claim, regardless of whether those conditions have been met.

(5) Where C makes the new claim during the 13 week period provided for in regulation 36 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, for the purpose of this regulation the previous award of child disability payment is to be treated as having ended immediately before C makes the new claim.

The prescribed date: claims for personal independence payment after an award of Scottish adult disability living allowance

15B

(1) Where C makes a claim for personal independence payment (“the new claim”) and had a previous award for Scottish adult disability living allowance, which ended not more than 2 years before the date on which the new claim is made, and C has not been entitled to a personal independence payment on any day since the end of the award of Scottish adult disability living allowance, and was aged 64 years old or younger on 20 June 2016, paragraphs (2), (3), (4), (5) and (6) apply.

(2) In relation to determination of entitlement under the new claim—

(a) the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended where that award was in respect of Scottish adult disability living allowance; and

(b) regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to the new claim as if for the words “the prescribed date” there were substituted “the date on which the new claim for personal independence payment is made”.

(3) Where C is awarded either or both components under the new claim, in relation to continued entitlement to that component or, as the case may be, those components, for the period of 3 months following the date of the new claim—

(a) the prescribed date for the purposes of regulations 12(1)(a) and (2)(a) and 13(1)(a) and (2)(a) is the date on which the previous award ended where that award was in respect of Scottish adult disability living allowance; and

(b) regulations 12(1)(b) and (2)(b) and 13(1)(b) and (2)(b) have effect in relation to that award as if for words “the prescribed date” there were substituted “each day of the award”.

(4) C is to be regarded as meeting such of the conditions contained in the following provisions of these Regulations (as modified by paragraphs (2) and (3) above) as are relevant to C’s new claim, regardless of whether those conditions have been met—

(a) regulation 12(1)(a) or (2)(a) (required period condition: daily living component);

(b) regulation 13(1)(a) or (2)(a) (required period condition: mobility component).

(5) This regulation is subject to regulation 26A (claim for personal independence payment after an award of Scottish adult disability living allowance and after reaching the relevant age).

(6) Where C makes the new claim during the 13 week period provided for in regulation 48 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, for the purpose of this regulation the previous award of Scottish adult disability living allowance is to be treated as having ended immediately before C made the new claim.

Claim for personal independence payment after an award of Scottish adult disability living allowance and after reaching the relevant age

26A

(1) Where C has reached the relevant age and makes a new claim in the circumstances set out in regulation 15B(1) the following exceptions apply.

(2) The exceptions referred to in paragraph (1) are—

(a) Article 88(1) of the Order (persons of pensionable age) does not apply;

(b) the reference to ‘2 years’ in regulation 15B(1) is to be read as ‘1 year’.

Revision and supersession of an award after the person has reached the relevant age

Absence where His Majesty’s Government provides public information to advise British nationals to leave a country or territory or arranges evacuation of British nationals from that country or territory

18A

(1) Where C is temporarily absent from Northern Ireland, C is treated as present in Northern Ireland for the purposes of regulation 16(a) and (b) during the first 26 weeks of that absence, where—

(a) C was present in a country or territory outside Northern Ireland immediately before His Majesty’s Government—

(i) provided public information to advise British nationals to leave that country or territory, or

(ii) arranged the evacuation of British nationals from that country or territory;

(b) the Department is satisfied that it would be unreasonable to expect C to return, or to have returned, to Northern Ireland; and

(c) C did not enter that country or territory when His Majesty’s Government’s public information was to advise British nationals to leave that country or territory.

(2) In this regulation, “temporarily absent” has the same meaning as regulation in 17(2).

Time limits on absences where the claimant is treated as being in Northern Ireland

18B

Where a person is temporarily absent from Northern Ireland in the circumstances specified in regulation 17(1), 18(1) or 18A(1), the total period of an absence where C is treated as present in Northern Ireland will not exceed 26 weeks.

Absence from Northern Ireland in special cases

Serving members of Her Majesty’s forces and their family members – further provision

Terminal illness

Persons residing in Northern Ireland to whom a relevant EU Regulation applies

Persons residing in an EEA state ... or in Switzerland to whom a relevant EU Regulation applies

Persons in receipt of an equivalent Scottish benefit who move from Scotland to Northern Ireland

Refugees and certain persons with leave to enter or remain in the United Kingdom

Effect of move to Scotland (C entitled to personal independence payment)

23ZB

(1) This regulation applies where C becomes permanently resident in Scotland on or after 6th November 2025.

(2) If, on the day before the residence change date, C is entitled to any component of personal independence payment, C is, insofar as they are not present in Northern Ireland on or after the residence change date, treated as present in Northern Ireland for the purposes of regulation 16(a) for the duration of the run-on period.

(3) If, on the day before the residence change date—

(a) C has an award of any component of personal independence payment 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.

(4) “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 period of 13 weeks beginning on the residence change date.

Effect of move to Scotland (ongoing claim)

23ZC

(1) Where C satisfies the conditions in paragraph (2), the Department must comply with the requirement in paragraph (4).

(2) The conditions mentioned in paragraph (1) are that C—

(a) has an ongoing claim for personal independence payment on the residence change date;

(b) becomes permanently resident in Scotland on or after 6th November 2025; and

(c) is, or in accordance with a provision other than this regulation is treated for the purposes of regulation 16(a) as being, present in Northern Ireland—

(i) on the day on which C makes the claim, and

(ii) on the day before the residence change date.

(3) For the purposes of paragraph (2)(a), C has an ongoing claim on the residence change date if, before that date, the claim has not—

(a) been decided by the Department under Article 9 of the 1998 Order;

(b) been withdrawn in accordance with regulation 30 of the Claims and Payments Regulations; or

(4) The requirement mentioned in paragraph (1) is that the Department must make a decision under Article 9 of the 1998 Order on C’s claim for personal independence payment, unless C withdraws the claim in accordance with regulation 30 of the Claims and Payments Regulations.

(5) If the Department decides that C is entitled to any component of personal independence payment—

(a) C 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 16(a) for the duration of the run-on period; and

(b) if—

(i) C has an award of any component of personal independence payment 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.

(6) In this regulation—

(a) the “Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016;

(b) any reference to the date on which a person makes a claim for personal independence payment (however expressed) is to be construed in accordance with regulation 11 of the Claims and Payments Regulations.

Refugees and certain persons with leave to enter or remain in the United Kingdom

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