
2025 No. 250
Social Security
The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2025
Made 10th September 2025
Coming into force 11th September 2025

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13 of the Social Security Act 1988, section 175(3) of the Social Security Contributions and Benefits Act 1992 and sections 28(2), 31(2) and 32(2) of the Social Security (Scotland) Act 2018 (“the 2018 Act”) and all other powers enabling them to do so.
In accordance with section 13(2) of the Social Security Act 1988, the Scottish Ministers have consulted the Welsh Ministers.
In accordance with section 96(2) of the 2018 Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 97(2) of the 2018 Act, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.
Citation, commencement and extent
1 

(1) These Regulations may be cited as the Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2025.
(2) These Regulations come into force on the day after the day on which they are made.
(3) These Regulations extend to Scotland only.
Amendment of the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018
2 

(1) The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 are amended in accordance with paragraphs (2) to (4).
(2) In paragraph 4 of schedule 2 (residence requirement – pregnancy and baby grant), after sub paragraph (2)(ae), insert—“
(af) a person who—
(i) was residing in Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights immediately before 13 June 2025,
(ii) left Israel, the Occupied Palestinian Territories or the occupied Golan Heights in connection with the escalation of violence between Israel and Iran that began on that date,
(iii) arrived in the United Kingdom on or before 13 December 2025, and
(iv) satisfies one of the following criteria—(aa) has been granted leave to enter or remain in the United Kingdom under or outside the immigration rules made under section 3(2) of the Immigration Act 1971,(bb) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or(cc) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,”.
(3) In paragraph 3 of schedule 3 (residence requirement – early learning grant), after sub-paragraph (2)(ae), insert—“
(af) a person who—
(i) was residing in Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights immediately before 13 June 2025,
(ii) left Israel, the Occupied Palestinian Territories or the occupied Golan Heights in connection with the escalation of violence between Israel and Iran that began on that date,
(iii) arrived in the United Kingdom on or before 13 December 2025, and
(iv) satisfies one of the following criteria—(aa) has been granted leave to enter or remain in the United Kingdom under or outside the immigration rules made under section 3(2) of the Immigration Act 1971,(bb) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or(cc) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,”.
(4) In paragraph 4 of schedule 4 (residence requirement – school-age grant), after sub-paragraph (2)(ae), insert—“
(af) a person who—
(i) was residing in Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights immediately before 13 June 2025,
(ii) left Israel, the Occupied Palestinian Territories or the occupied Golan Heights in connection with the escalation of violence between Israel and Iran that began on that date,
(iii) arrived in the United Kingdom on or before 13 December 2025, and
(iv) satisfies one of the following criteria—(aa) has been granted leave to enter or remain in the United Kingdom under or outside the immigration rules made under section 3(2) of the Immigration Act 1971,(bb) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or(cc) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,”.
Amendment of the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019
3 

(1) Regulation 9 of the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (residence requirement) is amended in accordance with paragraph (2).
(2) After paragraph (2)(ae), insert—“
(af) a person who—
(i) was residing in Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights immediately before 13 June 2025,
(ii) left Israel, the Occupied Palestinian Territories or the occupied Golan Heights in connection with the escalation of violence between Israel and Iran that began on that date,
(iii) arrived in the United Kingdom on or before 13 December 2025, and
(iv) satisfies one of the following criteria—(aa) has been granted leave to enter or remain in the United Kingdom under or outside the immigration rules made under section 3(2) of the Immigration Act 1971,(bb) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or(cc) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,”.
Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019
4 

(1) Regulation 8 of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 (conditions relating to residence) is amended in accordance with paragraph (2).
(2) After paragraph (2)(ad) insert—“
(ae) a person who—
(i) was residing in Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights immediately before 13 June 2025,
(ii) left Israel, the Occupied Palestinian Territories or the occupied Golan Heights in connection with the escalation of violence between Israel and Iran that began on that date,
(iii) arrived in the United Kingdom on or before 13 December 2025, and
(iv) satisfies one of the following criteria—(aa) has been granted leave to enter or remain in the United Kingdom under or outside the immigration rules made under section 3(2) of the Immigration Act 1971,(bb) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or(cc) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,”.
Amendment of the Disability Assistance for Children and Young People (Scotland) Regulations 2021
5 

(1) Regulation 5 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (residence and presence conditions) is amended in accordance with paragraph (2).
(2) In paragraph (10A)—
(a) at the end of sub-paragraph (g), omit “or”, and
(b) after sub-paragraph (h), insert—“,
(i) has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the individual—
(i) was residing in Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights immediately before 13 June 2025,
(ii) left Israel, the Occupied Palestinian Territories or the occupied Golan Heights in connection with the escalation of violence between Israel and Iran that began on that date, and
(iii) arrived in the United Kingdom on or before 13 December 2025, or
(j) has been granted, or is deemed to have been granted, leave outside the immigration rules.”.
Amendment of the Disability Assistance for Working Age People (Scotland) Regulations 2022
6 

(1) Regulation 15 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (residence and presence conditions) is amended in accordance with paragraph (2).
(2) In paragraph (7)—
(a) at the end of sub-paragraph (e), omit “or”, and
(b) after sub-paragraph (f), insert—“,
(g) has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the individual—
(i) was residing in Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights immediately before 13 June 2025,
(ii) left Israel, the Occupied Palestinian Territories or the occupied Golan Heights in connection with the escalation of violence between Israel and Iran that began on that date, and
(iii) arrived in the United Kingdom on or before 13 December 2025, or
(h) has been granted, or is deemed to have been granted, leave outside the immigration rules.”.
Amendment of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023
7 

(1) Regulation 6 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (residence and presence conditions) is amended in accordance with paragraph (2).
(2) In paragraph (8)—
(a) at the end of sub-paragraph (g), omit “or”, and
(b) after sub-paragraph (h), insert—“,
(i) has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the individual—
(i) was residing in Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights immediately before 13 June 2025,
(ii) left Israel, the Occupied Palestinian Territories or the occupied Golan Heights in connection with the escalation of violence between Israel and Iran that began on that date, and
(iii) arrived in the United Kingdom on or before 13 December 2025, or
(j) has been granted, or is deemed to have been granted, leave outside the immigration rules.”.
Amendment of the Disability Assistance for Older People (Scotland) Regulations 2024
8 

(1) Regulation 9 of the Disability Assistance for Older People (Scotland) Regulations 2024 (residence and presence conditions) is amended in accordance with paragraph (2).
(2) In paragraph (7)—
(a) at the end of sub-paragraph (d), omit “or”, and
(b) after sub-paragraph (f), insert—“,
(g) has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the individual—
(i) was residing in Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights immediately before 13 June 2025,
(ii) left Israel, the Occupied Palestinian Territories or the occupied Golan Heights in connection with the escalation of violence between Israel and Iran that began on that date, and
(iii) arrived in the United Kingdom on or before 13 December 2025, or
(h) has been granted, or is deemed to have been granted, leave outside the immigration rules.”.
Amendment of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025
9 

(1) Regulation 10 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (residence and presence conditions) is amended in accordance with paragraph (2).
(2) In paragraph (7)—
(a) at the end of sub-paragraph (e), omit “or”, and
(b) after sub-paragraph (f), insert—“,
(g) has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the individual—
(i) was residing in Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights immediately before 13 June 2025,
(ii) left Israel, the Occupied Palestinian Territories or the occupied Golan Heights in connection with the escalation of violence between Israel and Iran that began on that date, and
(iii) arrived in the United Kingdom on or before 13 December 2025, or
(h) has been granted, or is deemed to have been granted, leave outside the immigration rules.”.
SHIRLEY-ANNE SOMERVILLE
A member of the Scottish Government
St Andrew’s House
Edinburgh
10th September 2025