
1 

(1) These Regulations may be cited as the Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 and come into force as soon as they are made.
(2) These Regulations extend to Scotland only.
2 

(1) The provisions specified in paragraph (4) are amended as follows.
(2) In paragraph (1)—
(a) at the end of sub-paragraph (d), omit “or”,
(b) after sub-paragraph (e) insert—“or
(f) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971, where the person—
(i) was residing in Ukraine immediately before 1 January 2022, and
(ii) left Ukraine in connection with the Russian invasion which took place on 24 February 2022”.
(3) In paragraph (1A) for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)”.
(4) The provisions mentioned in paragraph (1) are—
(a) regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976 (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 (refugees and certain persons with leave to enter and remain in the United Kingdom), and
(c) regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991 (refugees and certain persons with leave to enter and remain in the United Kingdom).
3 

(1) Regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013 (refugees and certain person 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 (d), omit “or”,
(b) after sub-paragraph (e) insert—“or
(f) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971, where C—
(i) was residing in Ukraine immediately before 1 January 2022, and
(ii) left Ukraine in connection with the Russian invasion which took place on 24 February 2022”,
(c) in paragraph (1A), for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)”.
4 

(1) The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 are amended as follows.
(2) In paragraph 4 of schedule 2 (residence requirement – pregnancy and baby grant)—
(a) after sub-paragraph (2)(ab) insert—“
(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, or
(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act,”, and
(b) in paragraph (c) of sub-paragraph (2), omit the words from “where that leave is” to the end of that paragraph.
(3) In paragraph 3 of schedule 3 (residence requirement – early learning grant)—
(a) after sub-paragraph (2)(ab) insert—“
(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, or
(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act,”, and
(b) in paragraph (c) of sub-paragraph (2), omit the words from “where that leave is” to the end of that paragraph.
(4) In paragraph 4 of schedule 4 (residence requirement – school-age grant)—
(a) after sub-paragraph (2)(ab) insert—“
(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, or
(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act,”, and
(b) in paragraph (c) of sub-paragraph (2), omit the words from “where that leave is” to the end of that paragraph.
5 

(1) Regulation 9 of the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (residence requirement) is amended as follows.
(2) After paragraph (2)(ab) insert—“
(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, or
(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act,”.
(3) In paragraph 2(c), omit the words from “where that leave is” to the end of that paragraph.
6 

(1) Regulation 8 of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 (conditions relating to residence) is amended as follows.
(2) After paragraph (2)(aa) insert—“
(ab) 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, or
(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act,”.
(3) In paragraph (2)(b), omit the words from “where that leave is” to the end of that paragraph.
7 

(1) Regulation 5 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (residence and presence conditions) is amended as follows.
(2) In paragraph (10A)—
(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, or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971, where the individual—
(i) was residing in Ukraine immediately before 1 January 2022, and
(ii) left Ukraine in connection with the Russian invasion which took place on 24 February 2022”.
8 

(1) Regulation 15 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (residence and presence conditions) is amended as follows.
(2) In paragraph (7)—
(a) at the end of sub-paragraph (b), omit “or”, and
(b) after sub-paragraph (c) insert—“or
(d) has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971, where the individual—
(i) was residing in Ukraine immediately before 1 January 2022, and
(ii) left Ukraine in connection with the Russian invasion which took place on 24 February 2022”.
9 

(1) Regulation 16 of the Council Tax Reduction (Scotland) Regulations 2012 (persons not entitled to council tax reduction: persons treated as not being in Great Britain) is amended as follows.
(2) In paragraph (5)—
(a) in sub-paragraph (e), omit the words from “where that leave is” to the end of that sub-paragraph,
(b) at the end of sub-paragraph (h), omit “or”,
(c) in sub-paragraph (k) for “(e)(iv)” substitute “(e)”,
(d) after sub-paragraph (k) insert—“or
(l) a person in Great Britain 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 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”.
10 

(1) Regulation 16 of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (persons not entitled to council tax reduction: persons treated as not being in Great Britain) is amended as follows.
(2) In paragraph (5)—
(a) in sub-paragraph (e), omit the words from “where that leave is” to the end of that sub- paragraph,
(b) at the end of sub-paragraph (h), omit “or”,
(c) in sub-paragraph (k) for “(e)(iv)” substitute “(e)”,
(d) after sub-paragraph (k) insert—“or
(l) a person in Great Britain 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 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”.
BEN MACPHERSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
At 5.40 p.m. on 22nd March 2022