PART 4AMENDMENT OF SECONDARY LEGISLATION: ENGLAND AND WALES AND SCOTLAND

Persons moving from Scotland to England and Wales: Attendance Allowance, Disability Living Allowance and Personal Independence Payment

Amendment of the Social Security (Attendance Allowance) Regulations 19915

After regulation 2(1) of the Social Security (Attendance Allowance) Regulations 199110 (conditions as to residence and presence in Great Britain), insert—

1ZA

A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.

Amendment of the Social Security (Disability Living Allowance) Regulations 19916

After regulation 2(1ZA) of the Social Security (Disability Living Allowance) Regulations 199111 (conditions as to residence and presence in Great Britain), insert—

1ZB

A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.

Amendment of the Social Security (Personal Independence Payment) Regulations 20137

Renumber the existing text of regulation 23ZA of the Social Security (Personal Independence Payment) Regulations 201312 (persons in receipt of an equivalent Scottish benefit who move from Scotland to England or Wales) as regulation 23ZA(1) and after that renumbered paragraph insert—

2

Where regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies to C, regulation 16(c) of these Regulations is treated as not satisfied for the period set out in regulation 53(1) of those Regulations.