Exemption from habitual residence and past presence tests for specified benefits for people arriving in Scotland from Ukraine

New statutory instrument

New emergency regulations have been issued to exempt people arriving in Scotland from Ukraine from the habitual residence and past presence tests required for specified benefits.

In force from 22 March 2022, the Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (SSI.No.108/2022) exempts individuals arriving in Scotland from Ukraine - where they were residing in Ukraine immediately before 1 January 2022 and left Ukraine in connection with the Russian invasion which took place on 24 February 2022 - from the habitual residence tests and past presence tests for -

• disability living allowance;
• personal independence payment;
• attendance allowance;
• carer’s allowance;
• child disability payment;
• adult disability payment;
• best start grants;
• best start foods; and
• young carer grant.

In addition, the regulations exempt the same individuals from the need to satisfy the usual residence requirements for entitlement to reductions in council tax liability.

NB - the policy note to the regulations advises that they mirror the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (SI.No.344/2022) that were laid by the UK Government on 21 March 2022 and ensure parity of access to forms of assistance for which Scottish Ministers have responsibility.

SSI.No.108/2022 is available from legislation.gov.uk