Draft regulations laid before the Scottish Parliament under section 96(2) of the Social Security (Scotland) Act 2018, for approval by resolution of the Scottish Parliament.
2022 No.
The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022
Made
Coming into force in accordance with regulation 1(1)
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13 of the Social Security Act 19881, sections 80 and 113(1) and paragraph 1 of schedule 2 of the Local Government Finance Act 19922, sections 64, 70 and 71 of the Social Security Contributions and Benefits Act 19923, section 77 of the Welfare Reform Act 20124, sections 28, 31(2) and 32(2) of the Social Security (Scotland) Act 20185 and all other powers enabling them to do so.
In accordance with section 13(2) of the Social Security Act 1988, the Scottish Ministers have consulted the Welsh Ministers.
In accordance with section 96(2) of the Social Security (Scotland) Act 2018, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.
In accordance with section 97(2) of that Act, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.
Citation, commencement and extent1
1
These Regulations may be cited as the Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 and come into force as soon as they are made.
2
These Regulations extend to Scotland only.
Amendment of disability and carers benefit legislation2
1
The provisions specified in paragraph (4) are amended as follows.
2
In paragraph (1)—
a
at the end of sub-paragraph (d), omit “or”,
b
after sub-paragraph (e) insert—
or
f
leave to enter or remain in the United Kingdom granted under or outside the immigration rules, or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 19716, where the person—
i
was residing in Ukraine immediately before 1 January 2022, and
ii
left Ukraine in connection with the Russian invasion which took place on 24 February 2022
3
In paragraph (1A) for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)”
.
4
The provisions mentioned in paragraph (1) are—
a
regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976 (refugees and certain persons with leave to enter and remain in the United Kingdom)7,
b
regulation 2C of the Social Security (Attendance Allowance) Regulations 1991 (refugees and certain persons with leave to enter and remain in the United Kingdom)8, and
c
regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991 (refugees and certain persons with leave to enter and remain in the United Kingdom)9.
Amendment of the Social Security (Personal Independence Payment) Regulations 20133
1
Regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013 (refugees and certain person with leave to enter and remain in the United Kingdom)10 is amended as follows.
2
In paragraph (1)—
a
at the end of sub-paragraph (d), omit “or”,
b
after sub-paragraph (e) insert—
or
f
leave to enter or remain in the United Kingdom granted under or outside the immigration rules, or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 197111, where C—
i
was residing in Ukraine immediately before 1 January 2022, and
ii
left Ukraine in connection with the Russian invasion which took place on 24 February 2022
c
in paragraph (1A), for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)”
.
Amendment of the Early Years Assistance (Best Start Grants) (Scotland) Regulations 20184
1
The Early Years Assistance (Best Start Grants) (Scotland) Regulations 201812 are amended as follows.
2
In paragraph 4 of schedule 2 (residence requirement – pregnancy and baby grant)—
a
after sub-paragraph (2)(ab) insert—
ac
a person who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 197113, or
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act14,
b
in paragraph (c) of sub-paragraph (2), omit the words from “where that leave is” to the end of that paragraph.
3
In paragraph 3 of schedule 3 (residence requirement – early learning grant)—
a
after sub-paragraph (2)(ab) insert—
ac
a person who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, or
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act,
b
in paragraph (c) of sub-paragraph (2), omit the words from “where that leave is” to the end of that paragraph.
4
In paragraph 4 of schedule 4 (residence requirement – school-age grant)—
a
after sub-paragraph (2)(ab) insert—
ac
a person who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, or
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act,
b
in paragraph (c) of sub-paragraph (2), omit the words from “where that leave is” to the end of that paragraph.
Amendment of the Welfare Foods (Best Start Foods) (Scotland) Regulations 20195
1
Regulation 9 of the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (residence requirement)15 is amended as follows.
2
After paragraph (2)(ab) insert—
ac
a person who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 197116, or
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act17,
3
In paragraph 2(c), omit the words from “where that leave is” to the end of that paragraph.
Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 20196
1
Regulation 8 of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 (conditions relating to residence)18 is amended as follows.
2
After paragraph (2)(aa) insert—
ab
a person who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 197119, or
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act20,
3
In paragraph (2)(b), omit the words from “where that leave is” to the end of that paragraph.
Amendment of the Disability Assistance for Children and Young People (Scotland) Regulations 20217
1
Regulation 5 of the Disability Assistance for Children and Young People (Scotland) Regulations 202121 (residence and presence conditions) is amended as follows.
2
In paragraph (10A)—
a
at the end of sub-paragraph (d), omit “or”, and
b
after sub-paragraph (e) insert—
or
f
has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 197122, where the individual—
i
was residing in Ukraine immediately before 1 January 2022, and
ii
left Ukraine in connection with the Russian invasion which took place on 24 February 2022
Amendment of the Disability Assistance for Working Age People (Scotland) Regulations 20228
1
Regulation 15 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (residence and presence conditions)23 is amended as follows.
2
In paragraph (7)—
a
at the end of sub-paragraph (b), omit “or”, and
b
after sub-paragraph (c) insert—
or
d
has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 197124, where the individual—
i
was residing in Ukraine immediately before 1 January 2022, and
ii
left Ukraine in connection with the Russian invasion which took place on 24 February 2022
Amendment of the Council Tax Reduction (Scotland) Regulations 20129
1
Regulation 16 of the Council Tax Reduction (Scotland) Regulations 2012 (persons not entitled to council tax reduction: persons treated as not being in Great Britain)25 is amended as follows.
2
In paragraph (5)—
a
in sub-paragraph (e), omit the words from “where that leave is” to the end of that sub-paragraph,
b
at the end of sub-paragraph (h), omit “or”,
c
in sub-paragraph (k) for “(e)(iv)” substitute “(e)”
,
d
after sub-paragraph (k) insert—
or
l
a person in Great Britain who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—
i
has been granted leave in accordance with the rules referred to in sub-paragraph (e), or
ii
has a right of abode in the United Kingdom, within the meaning of section 2 of the Immigration Act 197126
Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 201210
1
Regulation 16 of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (persons not entitled to council tax reduction: persons treated as not being in Great Britain)27 is amended as follows.
2
In paragraph (5)—
a
in sub-paragraph (e), omit the words from “where that leave is” to the end of that sub- paragraph,
b
at the end of sub-paragraph (h), omit “or”,
c
in sub-paragraph (k) for “(e)(iv)” substitute “(e)”
,
d
after sub-paragraph (k) insert—
or
l
a person in Great Britain who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—
i
has been granted leave in accordance with the rules referred to in sub-paragraph (e), or
ii
has a right of abode in the United Kingdom, within the meaning of section 2 of the Immigration Act 197128
(This note is not part of the Regulations)