The Social Security (Disability Living Allowance) Regulations 1991

Type Statutory-Instrument
Publication 1991-12-18
Last updated 2026-02-23
State In force
Department King's Printer of Acts of Parliament
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articles Not indexed
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[^key-a647fd49de265b8b58acf6c045ff6062]: Reg. 2C(1)(g) and word inserted (E.W.) (15.5.2023) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023 (S.I. 2023/532), regs. 1(1), 4(1)(b)(2)(c); (S.) (17.5.2023 at 5.54 p.m.) byThe Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (S.S.I. 2023/149), regs. 1(1), 2(2)(b)

[^key-1760e1bbf74cb524555d55f56b2bdb56]: Reg. 1ZA inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(3)

[^key-2a07b1aa64a52786fe9de9eec3c173e7]: Regs. 2ZA, 2ZB inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(5)

[^key-437c140e89d8c372363b0b5c5cd7e557]: Words in reg. 1 inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(2)(a)

[^key-d7024295b7459b420e414306d395205c]: Words in reg. 1 inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(2)(b)

[^key-6df2484d3bbd7ef01babdeec0254515e]: Reg. 1(6)(7) inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(2)(c)

[^key-c6e759cc386dd8d36d79fe0506ab9aa1]: Words in reg. 2(1) substituted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(4)(a)(i)

[^key-751589314f63567d6e3a9c0da9b7a172]: Words in reg. 2(2) substituted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(4)(c)(i)

[^key-c310fdac8723d6c79b997ad34436a493]: Words in reg. 2(2) inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(4)(c)(ii)

[^key-dae96ff78cbc3f65912cf1e6a3a96bea]: Reg. 2(2A) inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(4)(d)

[^key-5d11db5ed2e1ebc2311c16c3ba994acf]: Words in reg. 2(3B) substituted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(4)(e)

[^key-a7283c4ff2a9b1b346d0bac8fde50d49]: Reg. 2(3BA) inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(4)(f)

[^key-7ba61153feb7b6277c0ab759ba690113]: Words in reg. 2(3C) substituted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(4)(g)

[^key-5874a936f31891f5cd0635e9ceb504a3]: Word in reg. 2C(1)(f) omitted (S.) (26.10.2023 at 5.38 p.m.) by virtue of The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(2), 2(2)(a)(3)(c); (E.W.) (27.10.2023) by virtue of The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 10(1)(a)(2)(c)

[^key-a68c2052876bde8966b4b53cfaf741f3]: Reg. 2C(1)(h) and word inserted (S.) (26.10.2023 at 5.38 p.m.) by The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(2), 2(2)(b)(3)(c); (E.W.) (27.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 10(1)(b)(c)(2)(c)

[^key-d66fd25ec45cca5aa9d6a8a131fd4e9d]: Words in reg. 2A(1)(c) omitted (E.W.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations 2024 (S.I. 2024/936), regs. 1(1), 4(2); (S.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/241), regs. 1(1), 4(2)

[^key-ecf39bb92e2ec87b589966a96556359d]: Words in reg. 2B(c) omitted (E.W.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations 2024 (S.I. 2024/936), regs. 1(1), 4(3); (S.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/241), regs. 1(1), 4(3)

[^key-ce4b21e176238e6de1f1ab280f8b37c4]: Words in reg. 1(2) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(2)

[^key-34b285d531f76ba85cdc373da62056b0]: Reg. 2(1ZC) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(3)

[^key-8370e4550e4fbcff51ec5aa995ea53b0]: Words in reg. 6(1) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(4)

[^key-2f3f31474be686edb900771958e6466d]: Words in reg. 11 inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(5)

[^key-c47a5f1c66fd134d707594613c93afce]: Words in Sch. 1 para. 3(2) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(6)(a)

[^key-955854ffd76295fa5e52e64eedfbe8f1]: Words in Sch. 1 para. 3(3)(a) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(6)(b)

[^key-666e375ccb96bdf550a0c0c03cd31919]: Words in Sch. 1 para. 5(1) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(6)(c)

[^key-c0339911cfb92797e837a547457b7e44]: Words in Sch. 1 para. 5(3)(a) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(6)(d)

[^key-6041b8741486a4f00eb5b548cf80bf18]: Words in Sch. 1 para. 6(1) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(6)(e)

[^key-12c7ca8c58b4797962f6dcf5a1e0024f]: Words in Sch. 1 para. 7(1) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(6)(f)

[^key-d795f1463c6e6d72dca9ef53e29dbad1]: Sum in Reg. 4(1)(a) substituted (E.W.) (7.4.2025) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(c), 14(a); (S.) (7.4.2025) by The Social Security Up-rating (Scotland) Order 2025 (S.S.I. 2025/102), arts. 1(3), 7(a)(i)

[^key-c4ddebc3d23c62697490736b50057208]: Sum in Reg. 4(1)(b) substituted (E.W.) (7.4.2025) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(c), 14(b); (S.) (7.4.2025) by The Social Security Up-rating (Scotland) Order 2025 (S.S.I. 2025/102), arts. 1(3), 7(a)(ii)

[^key-39e59647ff845c1185142c8b5154c584]: Sum in Reg. 4(1)(c) substituted (E.W.) (7.4.2025) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(c), 14(c); (S.) (7.4.2025) by The Social Security Up-rating (Scotland) Order 2025 (S.S.I. 2025/102), arts. 1(3), 7(a)(iii)

[^key-ffeec3935f5e98ecfcdd7c4e6bfab00a]: Sum in Reg. 4(2)(a) substituted (E.W.) (7.4.2025) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(c), 14(d); (S.) (7.4.2025) by The Social Security Up-rating (Scotland) Order 2025 (S.S.I. 2025/102), arts. 1(3), 7(b)(i)

[^key-efd9c65825111eb0bbcb37d86c43b5e2]: Sum in Reg. 4(2)(b) substituted (E.W) (7.4.2025) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(c), 14(e); (S.) (7.4.2025) by The Social Security Up-rating (Scotland) Order 2025 (S.S.I. 2025/102), arts. 1(3), 7(b)(ii)

[^key-f8c89f87b49518774d217f3c04c96207]: Reg. 2(3D)(3E) inserted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 16(4)(5)(b)

[^key-715be4dbdbb496f901eb7acb69a725c4]: Words in reg. 2(3C) substituted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 16(2)(5)(b)

[^key-41d21291d813989f5998d8b74a03f340]: Reg. 2C(1B) inserted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(3)(4)(c)

[^key-669fb20114efee9ecb85182758694053]: Word in reg. 2C(1)(g) omitted (E.W.) (18.7.2025) by virtue of The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(1)(a)(4)(c)

[^key-db09240e095bd9a69d8f93b8f74c92f6]: Reg. 2C(1)(h): semicolon substituted for full stop (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(1)(b)(4)(c)

[^key-be07005fd95c9990559fc05a1de1d324]: Reg. 2C(1)(i)(j) inserted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 13(1)(c)(4)(c)

[^key-46cd17fbe50f88aae59cb13d4cb272dc]: Reg. 2B(b) substituted (E.W.) (10.12.2025) by The Social Security (Residence in an EEA State or Switzerland) (Amendment) Regulations 2025 (S.I. 2025/1198), regs. 1(1), 3

[^key-cc04302d8b994d17864abf8a65ea11cb]: Words in reg. 1(6)(b) substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(2)(a) (with reg. 6)

[^key-a7af3aaade10b1c2bed4725c865dac37]: Words in reg. 1(7)(a) substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(2)(b) (with reg. 6)

[^key-9686245c48b2597cfc32250e789f63e2]: Reg. 1ZA omitted (23.2.2026) by virtue of The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(3) (with savings in regs. 6, 7)

[^key-7989b8e06706ffdf7bb160497e735531]: Words in reg. 2(1)(a)(ii) substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(4)(a) (with savings in regs. 6, 7)

[^key-5fe487d8cd214b97ee9550c042e67497]: Reg. 2(1ZZA) omitted (23.2.2026) by virtue of The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(4)(b) (with savings in regs. 6, 7)

[^key-64e492a39b128fb5cd99693c0efa0704]: Words in reg. 2(3BA) substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(4)(c)(i) (with savings in regs. 6, 7)

[^key-9c620a1c320d85633167873e45d945b0]: Words in reg. 2(3BA)(a) substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(4)(c)(ii) (with savings in regs. 6, 7)

[^key-b7096e4586e15ad2a0b3c55ce76f69b9]: Words in reg. 2(3E) substituted (E.W.) (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 9 (with reg. 6)

[^key-af94fa1a9e5084dcddc02720f0397ac6]: Reg. 2ZA substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(5) (with savings in regs. 6, 7)

[^key-9a4d9c2f4016ecf202a36fc87d5098c6]: Reg. 2ZB(2A)(2B) inserted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(6)(b) (with savings in regs. 6, 7)

[^key-3655e76238a763335b93eca6fd409a73]: Reg. 2ZB(1)(2) substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(6)(a) (with savings in regs. 6, 7)

[^key-a3484b639f5153ed318b6cb79fb6be0d]: Word in reg. 2ZB(3) substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(6)(c) (with savings in regs. 6, 7)

[^key-16c6425af610393dda77f5468d5a8e12]: Words in reg. 2ZB(3) inserted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(6)(d) (with savings in regs. 6, 7)

[^key-982d5e16f8a1d8faaa2dc5c24f7c72a4]: Word in reg. 2ZB(5) substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(6)(c) (with savings in regs. 6, 7)

[^key-1c522271626e4647d91d98986f73f1d1]: Words in reg. 2ZB(5) substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(6)(f)(i) (with savings in regs. 6, 7)

[^key-52459965f8e21328b5a8b1769b451669]: Words in reg. 2ZB(4) substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(6)(e) (with savings in regs. 6, 7)

[^key-9d2c0440bd173eb66c83bdfaa726f5f1]: Words in reg. 2ZB(5)(a) inserted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(6)(f)(ii) (with savings in regs. 6, 7)

[^key-231963ea58743b36be7d399ce80333b4]: Reg. 2ZB(6)(a) omitted (23.2.2026) by virtue of The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(6)(g) (with savings in regs. 6, 7)

Hospitalisation of persons aged 18 or over

Hospitalisation of persons aged 18 or over in mobility component cases

Refugees

2C

  • (1) Regulation 2(1)(a)(iii) shall not apply where the person has—
  • (a) been granted refugee status or humanitarian protection under the immigration rules; ...
  • (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.
  • (c) leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—
  • (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 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, , 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.
  • (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) applies, it will apply for the following periods beginning on the day on which the public information is issued, or the evacuation is started—
  • (a) no more than 130 weeks for persons aged 16 years and over;
  • (b) no more than 52 weeks for persons aged between 6 months and under 16 years;
  • (c) no more than 39 weeks for persons aged under 6 months.
  • (2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.
  • (2) For the purposes of this regulation—
1.

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

2.

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

Age 65 or over

Rate of Benefit

Late claim by a person previously entitled

Medical examination in prescribed circumstances

Withholding of benefit in prescribed circumstances

Payment of withheld benefit

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

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

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

Regulations 2 and 2ZA: the status condition and the award condition

1ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disapplication of section 1(1A) of the Administration Act

Persons who are entitled to disability living allowance: effect of move to Scotland

2ZA

  • (1) This regulation applies where a person 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 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.
  • (3) If, on the day before the residence change date—
  • (a) the person has an award of disability living 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.

Persons with an ongoing claim for disability living allowance: effect of move to Scotland

2ZB

  • (1) Where a person satisfies the conditions in paragraph (2), the Secretary of State must comply with the requirement in paragraph (3).
  • (2) The conditions mentioned in paragraph (1) are, subject to paragraph (2B), that the person—
  • (a) has an ongoing claim for disability living 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.
  • (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—
  • (a) been decided by the Secretary of State under section 8 of the 1998 Act,
  • (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 1998 Act.
  • (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.
  • (3) The requirement mentioned in paragraph (1) is that the Secretary of State must make a decision under section 8 of the 1998 Act on the person's claim for disability living allowance, unless the person withdraws the claim in accordance with regulation 5(2) of the Claims and Payments Regulations.
  • (4) For the purposes of the Secretary of State making such a decision, regulation 2(1)(a)(ii) applies as if for “England and Wales” there were substituted “Great Britain”.
  • (5) If the Secretary of State determines that the person is entitled to disability living 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 satisfying the condition in regulation 2(1)(a)(ii) until the end of the run-on period, and
  • (b) if—
  • (i) the person has an award of any component of disability living 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 end of the run-on period.

  • (6) In this regulation—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) any reference to the date on which a person makes a claim for disability living allowance (however expressed) is to be construed in accordance with regulation 6 of the Claims and Payments Regulations.

Persons residing in Great Britain to whom a relevant EU Regulation applies

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

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

Age 65 or over

Rate of Benefit

Late claim by a person previously entitled

Medical examination in prescribed circumstances

Withholding of benefit in prescribed circumstances

Payment of withheld benefit

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