
1 

(1) These Regulations may be cited as the Social Security (Residence in an EEA State or Switzerland) (Miscellaneous Amendment) (Scotland) Regulations 2025 and come into force on 1 April 2026.
(2) These Regulations extend to Scotland only.
2 
In regulation 9B of the Social Security (Invalid Care Allowance) Regulations 1976 (persons residing in an EEA state or in Switzerland to whom a relevant EU Regulation applies) for paragraph (b) substitute—“
(b) a relevant EU Regulation—
(i) applies to the person; or
(ii) except where the person has been habitually resident in the United Kingdom after 31st December 2020, applied to the person on 31st December 2020 and they have been continuously in receipt of a carer’s allowance on and from that date; and”.
3 
In regulation 2B of the Social Security (Disability Living Allowance) Regulations 1991 (persons residing in an EEA state or in Switzerland to whom a relevant EU Regulation applies) for paragraph (b) substitute—“
(b) a relevant EU Regulation—
(i) applies to the person; or
(ii) except where the person has been habitually resident in the United Kingdom after 31st December 2020, applied to the person on 31st December 2020 and they have been continuously in receipt of the care component of disability living allowance on and from that date; and”.
4 
In regulation 23 of the Social Security (Personal Independence Payment) Regulations 2013 (persons residing in an EEA state or in Switzerland to whom a relevant EU Regulation applies) for paragraph (b) substitute— “
(b) a relevant EU Regulation—
(i) applies to C; or
(ii) except where C has been habitually resident in the United Kingdom after 31st December 2020, applied to C on 31st December 2020 and they have been continuously in receipt of the daily living component of personal independence payment on and from that date; and”.
SHIRLEY-ANNE SOMERVILLE
A member of the Scottish Government
St Andrew's House,
Edinburgh
18th December 2025