The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019

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Residence requirementS

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9.—(1) The residence requirement is—

(a)the individual is ordinarily resident in Scotland, and

(b)where neither [F1the individual nor the individual’s partner] has been awarded a kind of assistance mentioned in regulation 10, the condition set out in paragraph (2) is also met.

(2) The condition is that the individual is—

(a)habitually resident in the United Kingdom, the Channel Islands [F2or the Isle of Man],

[F3(aa)a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and has been granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act,]

[F4(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 1971, 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.]

[F5(ac)a person who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, F6...

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act,] [F7or]

[F8(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,]

[F9(ad)a person who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan 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]

[F10(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,]

(b)a refugee within the definition in Article 1 of the Convention relating to the status of refugees done at Geneva on 28 July 1951, as extended by article 1(2) of the protocol relating to the status of refugees done at New York on 31 January 1967,

(c)a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971 M1, F11...

(d)a person who has humanitarian protection granted under rules made under section 3(2) of the Immigration Act 1971, or

(e)a person who—

(i)is not a person who is subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 (exclusion from benefits) M2, and

(ii)is in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

[F12(3) In this regulation “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.]

Textual Amendments

F1Words in reg. 9(1)(b) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(9)(a) (with regs. 3, 4)

F2Words in reg. 9(2)(a) substituted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 4(2)(a)

F3Reg. 9(2)(aa) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(9)(b) (with regs. 3, 4)

F4Reg. 9(2)(ab) inserted (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 4(2)

F5Reg. 9(2)(ac) inserted (22.3.2022 at 5.40 p.m.) by The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 5(2)

F6Word in reg. 9(2)(ac)(i) omitted (14.11.2022) by virtue of The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(5)(a)

F7Word in reg. 9(2)(ac)(ii) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(5)(b)

F8Reg. 9(2)(ac)(iii) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(5)(c)

F9Reg. 9(2)(ad) inserted (17.5.2023 at 5.54 p.m.) by The Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (S.S.I. 2023/149), regs. 1(1), 5(2)