2021 No. 320
The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 13 of the Social Security Act 19881, sections 64, 70, and 71 of the Social Security Contributions and Benefits Act 19922, section 77 of the Welfare Reform Act 20123, sections 28, 31(2) and 32(2) of the Social Security (Scotland) Act 20184, and all other powers enabling them to do so.
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 the Social Security (Scotland) Act 2018, 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.
In accordance with section 13(2) of the Social Security Act 1988, the Scottish Ministers have consulted the National Assembly for Wales.
Citation, commencement and extent1
1
These Regulations may be cited as the Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 and come into force on 15 September 2021.
2
These Regulations extend to Scotland only.
Amendment of disability and carers benefit legislation2
1
The provisions specified in paragraph (5) are amended in accordance with paragraphs (2), (3), (4), (6), (7), (8) and (9).
2
For the heading substitute “Refugees and certain persons with leave to enter and remain in the United Kingdom”.
3
In paragraph (1)—
a
at the end of sub-paragraph (a), omit “or”,
b
after sub-paragraph (b) insert—
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), or
e
leave granted under the Afghan Citizens Resettlement Scheme.
4
5
The provisions mentioned in paragraph (1) are—
a
regulation 9C of the Social Security (Invalid Care Allowance) Regulations 19767 (“the CA Regulations”),
b
regulation 2C of the Social Security (Attendance Allowance) Regulations 19918 (“the AA Regulations”),
c
regulation 2C of the Social Security (Disability Living Allowance) Regulations 19919 (“the DLA Regulations”), and
d
regulation 23A of the Social Security (Personal Independence Payment) Regulations 201310 (“the PIP Regulations”).
6
In regulation 9C of the CA Regulations, after paragraph (1) insert—
1A
Regulation 9(1)(a) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.
7
In regulation 2C of the AA Regulations, after paragraph (1) insert—
1A
Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.
8
In regulation 2C of the DLA Regulations, after paragraph (1) insert—
1A
Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.
9
In regulation 23A of the PIP Regulations, after paragraph (1) insert—
1A
Regulation 16(c) does not apply in relation to a claim for personal independence payment where paragraph (1)(c), (d) or (e) applies to C.
Amendment of the Early Years Assistance (Best Start Grants) (Scotland) Regulations 20183
1
The Early Years Assistance (Best Start Grants) (Scotland) Regulations 201811 are amended in accordance with paragraphs (2) to (4).
2
In paragraph 4 of schedule 2—
a
after paragraph 4(2)(aa) insert—
ab
a person who—
i
leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 197112, by virtue of—
ia
the Afghan Relocations and Assistance Policy, or
ib
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),
ii
has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or
iii
has leave granted under the Afghan Citizens Resettlement Scheme.
b
after paragraph 4(2) insert—
3
In this paragraph, “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 202113.
3
In paragraph 3 of schedule 3—
a
after paragraph 3(2)(aa) insert—
ab
a person who—
i
has leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 197114, by virtue of—
ia
the Afghan Relocations and Assistance Policy, or
ib
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),
ii
has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or
iii
has leave granted under the Afghan Citizens Resettlement Scheme.
b
after paragraph 3(2) insert—
3
In this paragraph “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 202115.
4
In paragraph 4 of schedule 4—
a
after paragraph 4(2)(aa) insert—
ab
a person who—
i
has leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 197116, by virtue of—
ia
the Afghan Relocations and Assistance Policy, or
ib
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),
ii
has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or
iii
has leave granted under the Afghan Citizens Resettlement Scheme17.
b
after paragraph 4(2) insert—
3
In this paragraph “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 202118.
Amendment of the Welfare Foods (Best Start Foods) (Scotland) Regulations 20194
1
Regulation 9 of the Welfare Foods (Best Start Foods) (Scotland) Regulations 201919 is amended in accordance with paragraphs (2) and (3).
2
After regulation 9(2)(a) insert—
ab
a person who—
i
has leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 197120, by virtue of—
ia
the Afghan Relocations and Assistance Policy, or
ib
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),
ii
has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or
iii
has leave granted under the Afghan Citizens Resettlement Scheme.
3
After regulation 9(2)insert—
3
In this regulation “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 202121.
Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 20195
1
Regulation 8 of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 201922 is amended in accordance with paragraphs (2) and (3).
2
After regulation 8(2)(a) insert—
aa
a person who—
i
has leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 197123, by virtue of—
ia
the Afghan Relocations and Assistance Policy, or
ib
previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),
ii
has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or
iii
has leave granted under the Afghan Citizens Resettlement Scheme.
Amendment of the Disability Assistance for Children and Young People (Scotland) Regulations 20216
1
Regulation 5 of the Disability Assistance for Children and Young People (Scotland) Regulations 202126 is amended in accordance with paragraphs (2) and (3).
2
After paragraph (10) insert—
10A
The habitual residence condition in paragraph (1)(b) and the past presence condition in paragraph (1)(e) do not apply where an individual—
a
has 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),
b
has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (a); or
c
has leave granted under the Afghan Citizens Resettlement Scheme27.
3
For paragraph (11) substitute—
(This note is not part of the Regulations)