Allowing DLA for children to continue for 13 weeks after claimant has left England, Wales or Northern Ireland and becomes permanently resident in Scotland
New statutory instrument also provides that claimants have to be present in England or Wales to be entitled to DLA for children
New regulations have been issued that make consequential amendments to social security legislation relating to the introduction of child disability payment in Scotland.
In force from 7 July 2023, the Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (SI.No.664/2023) –
amend regulation 2 of the Social Security (Disability Living Allowance) Regulations 1991 (the DLA Regulations) so that claimants have to be present in England and Wales to be entitled to disability living allowance (DLA) for children;
insert a new paragraph 2ZA into the DLA Regulations which allows claimants in receipt of DLA for children who move permanently to Scotland to continue to receive the benefit for a period of 13 weeks starting on the date they move, including those whose end of entitlement would ordinarily occur during the 13-week run on;
insert a new paragraph 2ZB which requires the Secretary of State to make a decision on any claim for DLA for children which is made by a person who is under the age of 16 and which is ongoing on the date on which that person becomes permanently resident in Scotland, and provides that if the person is determined to be entitled to DLA they may remain entitled to it up to the end of the run-on period; and
amend the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 to make provision corresponding to that made in regulations 2ZA and 2ZB of the DLA Regulations.