The Disability Assistance for Working Age People (Scotland) Regulations 2022

Persons residing in the United Kingdom to whom a relevant EU regulation applies

19.  The past presence condition set out in regulation 15(1)(e) does not apply where on any day the individual is—

(a) ordinarily resident in Scotland,

(b) habitually resident in the United Kingdom,

(c) an individual—

(i) to whom the rules set out in a relevant EU regulation apply by virtue of—

(aa) Title III of Part 2 of the EU withdrawal agreement,

(bb) Part 3 or Article 23(4) of the Swiss citizens’ rights agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020 (“the 2020 Act”)(1),

(cc) Title III of the EEA EFTA separation agreement (as defined in section 39(1) of the 2020 Act), or

(dd) the agreement constituted by the exchange of letters set out in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974(2), and

(ii) in respect of whom the United Kingdom is, as a result, competent for payment of sickness benefits in cash.

(1)

2020 c. 1.

(2)

S.I. 1974/555.