Citation, commencement and extent

1.—(1) These Regulations may be cited as the Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023.

(2) Subject to paragraph (3), these Regulations come into force as soon as they are made.

(3) Regulation 11 comes into force on 19 November 2023 immediately after the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023( 7).

(4) These Regulations extend to Scotland only.

Amendment of disability and carer’s benefit legislation

2.—(1) The provisions specified in paragraph (3) are amended as follows.

(2) In paragraph (1)—

(a) at the end of sub-paragraph (f), omit “or”, and

(b) after sub-paragraph (g), insert—

“, or

(h) 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 Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and

(ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack ”.

(3) The provisions mentioned in paragraph (1) are—

(a) regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976( 8) (refugees and certain persons with leave to enter and remain in the United Kingdom),

(b) regulation 2C of the Social Security (Attendance Allowance) Regulations 1991( 9) (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 1991( 10) (refugees and certain persons with leave to enter and remain in the United Kingdom).

Amendment of the Social Security (Personal Independence Payment) Regulations 2013

3.—(1) Regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013( 11) (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 (f), omit “or”, and

(b) after sub-paragraph (g), insert—

“, or

(h) 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 Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and

(ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack ”.

Amendment of the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018

4.—(1) The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018( 12) are amended as follows.

(2) In paragraph 4 of schedule 2 (residence requirement – pregnancy and baby grant), after sub-paragraph (2)(ad), insert—

“(ae) a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack 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)(ad), insert—

“(ae) a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated the region following the attack 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)(ad), insert—

“(ae) a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack 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 2019

5.—(1) Regulation 9 of the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019( 13) (residence requirement) is amended as follows.

(2) After paragraph (2)(ad), insert—

“(ae) a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack 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 2019

6.—(1) Regulation 8 of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019( 14) (conditions relating to residence) is amended as follows.

(2) After paragraph (2)(ac), insert—

“(ad) a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack 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 2021

7.—(1) Regulation 5 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021( 15) (residence and presence conditions) is amended as follows.

(2) In paragraph (10A)—

(a) at the end of sub-paragraph (f), omit “or”, and

(b) after sub-paragraph (g), insert—

“, or

(h) 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 Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and

(ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack ”.

Amendment of the Disability Assistance for Working Age People (Scotland) Regulations 2022

8.—(1) Regulation 15 of the Disability Assistance for Working Age People (Scotland) Regulations 2022( 16) (residence and presence conditions) is amended as follows.

(2) In paragraph (7)—

(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, 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 Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and

(ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack ”.

Amendment of the Council Tax Reduction (Scotland) Regulations 2021

9.—(1) Regulation 16 of the Council Tax Reduction (Scotland) Regulations 2021( 17) (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 (m), omit “or”, and

(b) after sub-paragraph (n), insert—

“, or

(o) a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack 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 2012

10.—(1) Regulation 16 of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012( 18) (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 (l), omit “or”, and

(b) after sub-paragraph (m), insert—

“, or

(n) a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack 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 ”.

Amendment of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023

11.—(1) Regulation 6 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023( 19) (residence and presence conditions) is amended as follows.

(2) In paragraph (8)—

(a) at the end of sub-paragraph (f), omit “or”, and

(b) after sub-paragraph (g), insert—

“, or

(h) has 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 individual—

(i) was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and

(ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack ”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in respect of the social security assistance entitlement of certain persons arriving in Scotland from Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon.

Regulations 2, 3, 7 and 8 amend the Social Security (Invalid Care Allowance) Regulations 1976, the Social Security (Attendance Allowance) Regulations 1991, the Social Security (Disability Living Allowance) Regulations 1991, the Social Security (Personal Independence Payment) Regulations 2013, the Disability Assistance for Children and Young People (Scotland) Regulations 2021 and the Disability Assistance for Working Age People (Scotland) Regulations 2022 to insert a new category of person into the list of persons who are exempt from having to satisfy the past presence test and habitual residence test.

Regulations 4, 5, 6 and 11 amend the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018, the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019, the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 and the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 respectively to insert a new category of person into the list of persons who are exempt from having to satisfy the habitual residence test.

The new category inserted by regulations 2 to 8 is a person with leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the UK or an Irish citizen who does not require leave to enter or remain in the UK, where that person was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and left those territories in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated the region following the attack.

These Regulations also amend the Council Tax Reduction (Scotland) Regulations 2021 (“ the Working Age Regulations”) and the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (“ the Pension Age Regulations”) by extending the categories of persons who do not need to meet residence criteria in the UK in order to qualify for a council tax reduction. The Working Age Regulations concern council tax reduction for those who have not attained pensionable age or who meet other specified criteria while the Pension Age Regulations concern council tax reduction for those who have reached the qualifying age for state pension credit.

Regulation 9 inserts new categories into the list of persons who are not to be treated as not being in Great Britain for the purpose of the residence criteria set out in regulation 16 of the Working Age Regulations. The new categories are certain persons who were residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and left those territories in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack. They must have been granted leave to remain under the immigration rules made under section 3(2) of the Immigration Act 1971, have a right of abode in the UK or be an Irish citizen who does not require leave to enter or remain in the UK.

Regulation 11 amends regulation 6 of the Carer’s Assistance (Carer Support Payment) Regulations 2023. The new categories of persons not subject to the habitual residence condition and past presence condition are certain persons who were residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and left those territories in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack. They must have been granted leave to remain under the immigration rules made under section 3(2) of the Immigration Act 1971, have a right of abode in the UK or be an Irish citizen who does not require leave to enter or remain in the UK.