The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025

• (a) regulation 48(c) and (d) (determination following change of circumstances etc.),

• (b) regulation 57 (initial period for applications),

• (c) regulation 60 (transfer from Personal Independence Payment to Adult Disability Payment),

• (d) regulation 64 (transitory provision – initial period for applications).

• (e) regulation 65 (exclusion to transitory provision),

• (f) paragraph 1(1)(a)(ii)(bb) and (cc) of schedule 2 (entitlement to short-term assistance),

• (g) Part 2 of schedule 2 (initial period for applications), and

• (h) Part 3 of schedule 2 (transfer from Personal Independence Payment to Adult Disability Payment).

• (2) Despite the revocations in paragraph (1) the provisions of the Adult Disability Payment Regulations mentioned in paragraph (3) continue to have effect on and after 6 November 2025 for any individual on whom, prior to 6 November 2025, the Scottish Ministers have served a notice of intention to transfer to Adult Disability Payment under paragraph 8 of schedule 2 of those Regulations.

• (3) The provisions referred to in paragraph (2) are—

• (a) regulation 48(c),

• (b) regulation 60,

• (c) paragraph 1(1)(a)(ii)(bb) of schedule 2, and

• (d) Part 3 of schedule 2.

• (4) Despite the amendment made by regulation 9(8) of these Regulations to the Adult Disability Payment Regulations, where, prior to 6 November 2025 the Scottish Ministers have made a decision to suspend the individual’s Adult Disability Payment in accordance with regulation 38(1) and (3)(a) of those Regulations, regulation 46(1)(b) of those Regulations applies as it did prior to 6 November 2025.

• (5) Despite the revocations in paragraph (1), and substitution by regulation 9(9) of these Regulations, where, prior to 6 November 2025—

• (a) an individual becomes resident in Scotland, and

• (b) the Scottish Ministers become aware that the individual has become resident in Scotland,

the provisions of the Adult Disability Payment Regulations mentioned in paragraph (6) apply as they did prior to 6 November 2025.

• (6) The provisions referred to in paragraph (5) are—

• (a) regulation 48(d),

• (b) regulation 52 (individuals in respect of whom Personal Independence Payment is paid in another part of the United Kingdom immediately before moving to Scotland), and

• (c) paragraph 1(1)(a)(ii)(cc) of schedule 2.

Revocation and savings provisions – the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023

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• (1) Except where paragraphs (2) to (7) apply, the following provisions of the Carer Support Payment Regulations are revoked—

• (a) regulation 36(f) and (g) (determination following change of circumstances etc.),

• (b) regulation 44 (transfer from Carer’s Allowance to Carer Support Payment),

• (c) regulation 45 (initial period for applications),

• (d) regulation 46 (transitory provision – initial period for applications),

• (e) regulation 47 (exclusion to transitory provision),

• (f) Part 1 of schedule 1 (initial period for applications), and

• (g) Part 2 of schedule 1 (transfer to Carer Support Payment).

• (2) Regulation 36(f), 44 and part 2 of schedule 1 of the Carer Support Payment Regulations continue to have effect on and after 6 November 2025 for any individual on whom, prior to 6 November 2025, the Scottish Ministers have served a notice of intention to transfer to Carer Support Payment under paragraph 4 of the schedule of those Regulations.

• (3) Despite the revocations at paragraph (1), and substitution by regulation 10(8) of these Regulations, where, prior to 6 November 2025—

• (a) an individual becomes resident in Scotland, and

• (b) the Scottish Ministers become aware that the individual has become resident in Scotland,

the provisions of the Carer Support Payment Regulations mentioned in paragraph (4) apply as they did prior to 6 November 2025.

• (4) The provisions referred to in paragraph (3) are—

• (a) regulation 36(g), and

• (b) regulation 41 (individuals in respect of whom Carer’s Allowance is paid in another part of the United Kingdom immediately before moving to Scotland).

Revocation and savings provisions – the Disability Assistance for Older People (Scotland) Regulations 2024

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• (1) Except where paragraphs (2) to (6) apply, the following provisions of the Pension Age Disability Payment Regulations are revoked—

• (a) regulation 40(c) and (d) (determination following change of circumstances etc.),

• (b) regulation 48 (initial period for applications),

• (c) regulation 49 (transfer from Attendance Allowance to Pension Age Disability Payment),

• (d) regulation 50 (transitory provision – initial period for applications),

• (e) regulation 51 (exclusion to transitory provision),

• (f) paragraph 1(1)(a)(ii)(bb) and (cc) of the schedule (entitlement to short-term assistance),

• (g) Part 2 of the schedule (initial period for applications), and

• (h) Part 3 of the schedule (transfer from Attendance Allowance to Pension Age Disability Payment).

• (2) Despite the revocations in paragraph (1) the provisions of the Pension Age Disability Payment Regulations mentioned in paragraph (3) continue to have effect on and after 23 February 2026 for any individual on whom, prior to 23 February 2026, the Scottish Ministers have served a notice of intention to transfer to Pension Age Disability Payment under paragraph 8 of the schedule of those Regulations.

• (3) The provisions referred to in paragraph (2) are—

• (a) regulation 40(c),

• (b) regulation 49,

• (c) paragraph 1(1)(a)(ii)(bb) of the schedule , and

• (d) Part 3 of the schedule.

• (4) Despite the amendment made by regulation 11(7) of these Regulations to the Pension Age Disability Payment Regulations, where, prior to 6 November 2025 the Scottish Ministers have made a decision to suspend the individual’s Pension Age Disability Payment in accordance with regulation 30(1) and (3)(a) of those Regulations, regulation 38(1)(b) of those Regulations applies as it did prior to 6 November 2025.

• (5) Despite the revocations at paragraph (1), and substitution by regulation 11(8) of these Regulations, where, prior to 23 February 2026—

• (a) an individual becomes resident in Scotland, and

• (b) the Scottish Ministers become aware that the individual has become resident in Scotland,

the provisions of the Pension Age Disability Payment Regulations mentioned in paragraph (6) apply as they did prior to 23 February 2026.

• (6) The provisions referred to in paragraph (5) are—

• (a) regulation 40(d),

• (b) regulation 44 (individuals in respect of whom Attendance Allowance is paid in another part of the United Kingdom immediately before moving to Scotland), and

• (c) paragraph 1(1)(a)(ii)(cc) of the schedule.

Revocation and savings provisions – the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025

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• (1) Except where paragraphs (2) or (4) apply, the following provisions of the Scottish Adult Disability Living Allowance Regulations are revoked—

• (a) regulation 43(c) and (d) (determination following change of circumstances etc.),

• (b) regulation 53 (transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance),

• (c) paragraph 1(1)(a)(ii)(aa) of schedule 1 (entitlement to short-term assistance), and

• (d) Part 2 of schedule 1 (transfer from Disability Living Allowance to Scottish Adult Disability Living Allowance).

• (2) Despite the revocations in paragraph (1) the provisions of the Scottish Adult Disability Living Allowance Regulations mentioned in paragraph (3) continue to have effect on and after 23 February 2026 for any individual on whom, prior to 23 February 2026, the Scottish Ministers have served a notice of intention to transfer to Scottish Adult Disability Living Allowance under paragraph 6 of schedule 1 of those Regulations.

• (3) The provisions referred to in paragraph (2) are—

• (a) regulation 43(c),

• (b) regulation 53,

• (c) paragraph 1(1)(a)(ii)(aa) of schedule 1, and

• (d) Part 2 of schedule 1.

• (4) Despite the amendment by regulation 12(4) of these Regulations to the Scottish Adult Disability Living Allowance Regulations, where, prior to 6 November 2025 the Scottish Ministers have made a decision to suspend the individual’s Scottish Adult Disability Living Allowance in accordance with regulation 33(1) and (3)(a) of those Regulations, regulation 46(1)(c) of those Regulations applies as it did prior to 6 November 2025.

• (5) Despite the revocations at paragraph (1), and substitutions by regulations 12(2) and (5) of these Regulations, where, prior to 23 February 2026—

• (a) an individual becomes resident in Scotland, and

• (b) the Scottish Ministers become aware that the individual has become resident in Scotland,

the provisions of the Scottish Adult Disability Living Allowance Regulations mentioned in paragraph (6) apply as they did prior to 23 February 2026.

• (6) The provisions referred to in paragraph (5) are—

• (a) regulation 4 (relevant status),

• (b) regulation 43(d), and

• (c) regulation 47 (individuals in respect of whom Disability Living Allowance is paid in another part of the United Kingdom before moving to Scotland).

Signed

SHIRLEY-ANNE SOMERVILLE — A member of the Scottish Government — 4th November 2025

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations provide for various amendments to forms of assistance payable by virtue of regulations made under the Social Security (Scotland) Act 2018 (“the 2018 Act”), to the 2018 Act itself, and to the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (“the Best Start Foods Regulations”).

The amendments revoke the existing provisions which provide for the transfer of the disability and carer benefits of individuals who meet the eligibility criteria for disability assistance or Carer Support Payment (the “case transfer provisions”) from the benefit delivered by UK Government (the “devolved UK benefit”), to the respective benefit delivered by the Scottish Ministers (the “Scottish benefit”) without needing to make an application. Provisions which provide for individuals, who are in receipt of a devolved UK benefit and who move to Scotland from another part of the United Kingdom, to receive a determination of the respective Scottish benefit without needing to apply are also revoked. These Regulations create new provisions so that where such an individual makes an application for the Scottish benefit, their entitlement will, in certain circumstances, be backdated to the date their devolved UK benefit ended. These amendments are made for Child Disability Payment, Adult Disability Payment, Pension Age Disability Payment and Carer Support Payment. Specific provision is also made for Scottish Adult Disability Living Allowance, which, as a closed benefit, has no process for applications.

Miscellaneous Amendments

Regulation 3 amends section 81 of the 2018 Act so that individuals to whom the Social Security (Gibraltar) Order 2024 applies may be eligible for Carers Allowance Supplement.

Regulation 4 makes amendments to the residence requirements for Best Start Grant, within the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (“the Best Start Grant Regulations”) following the revocation of the Immigration (European Economic Area) Regulations 2016. The Best Start Grant Regulations and the Best Start Foods Regulations are amended so that individuals who have made an application for indefinite or limited leave to enter, or remain in, the United Kingdom under the EU Settlement Scheme, and family members under Article 9 of the EU Withdrawal Agreement, may be eligible for Best Start Grant (regulation 4) or Best Start Foods (regulation 5).

Regulation 6 amends the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 so that individuals to whom the Social Security (Gibraltar) Order 2024 applies may be eligible for Young Carer Grant.

Regulation 7 amends the Scottish Child Payment Regulations 2020 so that where a person has continually disengaged with requests for information made under paragraph 25 of the schedule of those Regulations and is found to be no longer entitled to assistance following a period of suspension, the award can be ended from the date the suspension began. Regulation 13 makes associated savings provisions.

Amendments in relation to disability assistance

Regulations 8, 9, 11 and 12 amend the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (the “Child Disability Payment Regulations”), the Disability Assistance for Working Age (Scotland) Regulations 2022 (the “Adult Disability Payment Regulations”), the Disability Assistance for Older People (Scotland) Regulations 2024 (“the Pension Age Disability Payment Regulations”) and the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (“the Scottish Adult Disability Living Allowance Regulations”) respectively, in relation to Child Disability Payment, Adult Disability Payment, Pension Age Disability Payment and Scottish Adult Disability Living Allowance so that—

• individuals to whom the Social Security (Gibraltar) Order 2024 applies may be eligible for disability assistance.

• where a person has continually disengaged with requests for information made under section 54 of the 2018 Act, and is found to be no longer entitled to the benefit following a period of suspension, the award can be ended at the date the suspension began.

• where a person receiving a devolved UK benefit moves to Scotland from another part of the United Kingdom and applies for the respective Scottish benefit (except Scottish Adult Disability Allowance) within a specified time, their entitlement can be backdated to when their devolved UK benefit entitlement ends. For Scottish Adult Disability Living Allowance, where a person receiving Disability Living Allowance moves to Scotland from another part of the United Kingdom, they can make a request for a determination of their entitlement. Provision is made for when Scottish Adult Disability Living Allowance entitlement can be backdated to the date the Disability Living Allowance entitlement ended.

• individuals who would have been eligible to be transferred to the applicable Scottish benefit under the relevant case transfer provisions, but have not been transferred, will be able to receive backdating of the respective benefits when an application or request is made within specified timescales, so that there is no gap in their entitlement between the end of their devolved UK benefit and the start of their Scottish benefit.

Regulations 14, 15, 17 and 18 make provision—

• for associated revocations and savings in relation to Child Disability Payment, Adult Disability Payment, Pension Age Disability Payment and Scottish Adult Disability Living Allowance. This includes revocation of the existing provisions for individuals moving to Scotland from another part of the United Kingdom, subject to specified saving provisions. Transitional provision is also made in relation to Child Disability Payment.

• to revoke the respective case transfer provisions for Child Disability Payment, Adult Disability Payment, Pension Age Disability Payment and Scottish Adult Disability Living Allowance. This is subject to specified saving provisions.

Amendments in relation to Carer Support Payment

Regulation 10 amends the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (the “Carer Support Payment Regulations”) so that—

• individuals to whom the Social Security (Gibraltar) Order 2024 applies may be eligible for Carer Support Payment.

• if someone applies for Carer Support Payment but did not satisfy the eligibility criteria in Part 3 of the Regulations on the date on which their entitlement would otherwise have begun, the Scottish Ministers may choose an alternative start date provided that date is no more than 13 weeks after the application date. Further amendments are made to regulation 18 as a consequence of this change, the changes to regulation 41 and the addition of 41A.

• where a person receiving Carer’s Allowance moves to Scotland from another part of the United Kingdom, and applies for Carer Support Payment within a specified time, their entitlement can be backdated to when their Carer’s Allowance entitlement ends.

• individuals who would have been eligible to be transferred to Carer Support Payment under the case transfer provisions, but have not been transferred, will be able to receive backdating so that there is no gap in their entitlement between the end of their Carer’s Allowance and the start of their Carer Support Payment, when an application or request is made within specified timescales.

• if the cared for person moves to Scotland, or should have been transferred but was not, and therefore experiences a gap between their devolved UK disability benefit ending and their Scottish disability benefit being awarded (which means the carer is no longer entitled to Carer Support Payment) the carer will be able to receive a determination without an application of their entitlement to Carer Support Payment if they satisfy the eligibility criteria under Part 3 of the Regulations within 26 weeks of the decision to end their Carer Support Payment.

Regulation 16 makes provision for associated revocations and savings provisions in relation to Carer Support Payment. This includes revocation of the previous provisions for individuals moving to Scotland from another part of the United Kingdom, subject to specified savings provisions.

Footnotes