The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021
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)
“(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)
“(2)
For the purposes of this regulation—
(a)
“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 19715,(b)
“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 20216.”.
(5)
The provisions mentioned in paragraph (1) are—
(a)
(b)
(c)
(d)
(6)
“(1A)
Regulation 9(1)(a) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.”.
(7)
“(1A)
Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.”.
(8)
“(1A)
Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.”.
(9)
“(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)
(2)
In paragraph 4 of schedule 2—
(a)
“(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)
“(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)
“(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)
“(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)
“(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)
“(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)
(2)
“(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)
“(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)
(2)
“(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.”.
(3)
Amendment of the Disability Assistance for Children and Young People (Scotland) Regulations 20216.
(1)
(2)
“(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)
“(11)
For the purposes of paragraphs (10) and (10A)—
(a)
“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 197128,(b)
“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 202129.”.
St Andrew’s House,
Edinburgh
These Regulations ensure the social security assistance entitlement of certain persons arriving in Scotland from Afghanistan.
These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409), the Social Security (Disability Living Allowance) Regulations 1991 (S.I. 1991/2890), the Social Security (Attendance Allowance) Regulations 1991 (S.I. 1991/2740), the Social Security (Personal Independence Payment) Regulations 2013 (S.I. 2013/377), the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (S.S.I. 2018/370), the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (S.S.I. 2019/193), the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 (S.S.I. 2019/324), and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (S.S.I. 2021/174).
The aforementioned list of legislation imposes requirements relating to habitual residence, and in some cases also past presence, for applicants to satisfy before they are entitled to social security assistance. These Regulations exempt from those requirements a cohort of people resident in Scotland who have entered the United Kingdom by virtue of the Afghan Relocations and Assistance Policy, the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme), or the Afghan Citizens Resettlement Scheme.
No business and regulatory impact assessment has been prepared for these Regulations as no impact on business, charities or voluntary bodies is foreseen.