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.
2023 No.
The Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023
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(2), 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) (Sudan) (Scotland) Regulations 2023 and come into force as soon as they are made.
2
These Regulations extend to Scotland only.
Amendment of disability and carer’s benefit legislation2
1
The provisions specified in paragraph (3) are amended as follows.
2
In paragraph (1)—
a
at the end of sub-paragraph (e) omit “or”, and
b
after sub-paragraph (f) insert—
, or
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 15 April 2023, and
ii
left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan
3
The provisions mentioned in paragraph (1) are—
a
regulation 9C of the Social Security (Invalid Care Allowance) Regulations 19766 (refugees and certain persons with leave to enter and remain in the United Kingdom),
b
regulation 2C of the Social Security (Attendance Allowance) Regulations 19917 (refugees and certain persons with leave to enter and remain in the United Kingdom),
c
regulation 2C of the Social Security (Disability Living Allowance) Regulations 19918 (refugees and certain persons with leave to enter and remain in the United Kingdom).
Amendment of the Social Security (Personal Independence Payment) Regulations 20133
1
Regulation 23A of the Social Security (Personal Independence Payment) Regulations 20139 (refugees and certain persons with leave to enter and remain in the United Kingdom) is amended as follows.
2
In paragraph (1)—
a
at the end of sub-paragraph (e) omit “or”, and
b
after sub-paragraph (f) insert—
, or
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 15 April 2023, and
ii
left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan
Amendment of the Early Years Assistance (Best Start Grants) (Scotland) Regulations 20184
1
The Early Years Assistance (Best Start Grants) (Scotland) Regulations 201810 are amended as follows.
2
In paragraph 4 of schedule 2 (residence requirement – pregnancy and baby grant) after sub-paragraph (2)(ac) insert—
ad
a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or
iii
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act
3
In paragraph 3 of schedule 3 (residence requirement – early learning grant) after sub-paragraph (2)(ac) insert—
ad
a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or
iii
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act
4
In paragraph 4 of schedule 4 (residence requirement – school-age grant) after sub-paragraph (2)(ac) insert—
ad
a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or
iii
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act
Amendment of the Welfare Foods (Best Start Foods) (Scotland) Regulations 20195
1
Regulation 9 of the Welfare Foods (Best Start Foods) (Scotland) Regulations 201911 (residence requirement) is amended as follows.
2
After paragraph (2)(ac) insert—
ad
a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or
iii
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act
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 201912 (conditions relating to residence) is amended as follows.
2
After paragraph (2)(ab) insert—
ac
a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or
iii
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act
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 202113 (residence and presence conditions) is amended as follows.
2
In paragraph (10A)—
a
at the end of sub-paragraph (e) omit “or”, and
b
after sub-paragraph (f) insert—
, or
g
has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has 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 individual—
i
was residing in Sudan before 15 April 2023, and
ii
left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan
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 202214 (residence and presence conditions) is amended as follows.
2
In paragraph (7)—
a
at the end of sub-paragraph (c) omit “or”, and
b
after sub-paragraph (d) insert—
, or
e
has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has 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 individual—
i
was residing in Sudan before 15 April 2023, and
ii
left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan
Amendment of the Council Tax Reduction (Scotland) Regulations 20219
1
Regulation 16 of the Council Tax Reduction (Scotland) Regulations 202115 (persons not entitled to council tax reduction: persons treated as not being in Great Britain) is amended as follows.
2
In paragraph (6)—
a
at the end of sub-paragraph (l) omit “or”, and
b
after sub-paragraph (m) insert—
, or
n
a person in Great Britain who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—
i
has been granted leave in accordance with the rules referred to in sub-paragraph (f), or
ii
has a right of abode in the United Kingdom within the meaning of 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
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 201216 (persons not entitled to council tax reduction: persons treated as not being in Great Britain) is amended as follows.
2
In paragraph (5)—
a
at the end of sub-paragraph (k) omit “or”, and
b
after sub-paragraph (l) insert—
, or
m
a person in Great Britain who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan 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 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act
(This note is not part of the Regulations)