(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 the person—

(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 the person—

(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 , or

(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 the person—

(i) was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 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 7 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 Great Britain 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 Great Britain 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

(j) as part of a safe and legal humanitarian immigration route, leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules ,

(k) met conditions A to D,

Condition A

The person was residing in a country or territory outside Great Britain 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,

Condition B

The person has left that country or territory.

Condition C

The person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.

Condition D

The person—

(i) has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

(ii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(iii) has leave to enter or remain in the United Kingdom in accordance with immigration rules, or

(iv) has leave on a discretionary basis outside of immigration rules, or

(l) as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with the immigration rules or leave on a discretionary basis outside of those rules.

(1A) Regulation 2(1)(a)(i) shall not apply where any sub-paragraph in paragraph (1) applies to the person.

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

(1C) Where paragraph (1)(k) 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.

For the purposes of this regulation—

(a) “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,

(b) “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.

Extension of qualifying period

Allowance payable before the date of claim in renewal cases

Renal dialysis

Hospitalisation

Persons in care homes

Persons to whom regulations 7 and 8 apply with modifications

Exemption from regulations 6 and 7

Adjustment of allowance where medical expenses are paid from public funds under war pensions instruments

Exemption from regulation 8A

Prescribed circumstance for entitlement

Medical examination in prescribed circumstances

Withholding of benefit in prescribed circumstances

Payment of withheld benefit

Revocation

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

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

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.

Extension of qualifying period

Allowance payable before the date of claim in renewal cases

Renal dialysis

Hospitalisation

Persons in care homes

Persons to whom regulations 7 and 8 apply with modifications

Exemption from regulations 6 and 7

Adjustment of allowance where medical expenses are paid from public funds under war pensions instruments

Exemption from regulation 8A

Prescribed circumstance for entitlement

Medical examination in prescribed circumstances

Withholding of benefit in prescribed circumstances

Payment of withheld benefit

Revocation

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