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The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023

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Amendment of disability and carer’s benefit legislation

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2.—(1) The provisions specified in paragraph (3) are amended as follows.

(2) In paragraph (1)—

(a)at the end of sub-paragraph (f), omit “or”, and

(b)after sub-paragraph (g), insert—

, or

(h)leave to enter or remain in the United Kingdom granted under or outside the immigration rules, 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 person—

(i)was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and

(ii)left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack.

(3) The provisions mentioned in paragraph (1) are—

(a)regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976(1) (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(2) (refugees and certain persons with leave to enter and remain in the United Kingdom),

(c)regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991(3) (refugees and certain persons with leave to enter and remain in the United Kingdom).

(1)

S.I. 1976/409. Regulation 9C was inserted by S.I. 2017/1015 and relevantly amended by S.S.I. 2021/320, S.S.I. 2022/108, S.S.I. 2022/336 and S.S.I. 2023/149.

(2)

S.I. 1991/2740. Regulation 2C was inserted by S.I. 2017/1015 and relevantly amended by S.S.I. 2021/320, S.S.I. 2022/108, S.S.I. 2022/336 and S.S.I. 2023/149.

(3)

S.I. 1991/2890. Regulation 2C was inserted by S.I. 2017/1015 and relevantly amended by S.S.I. 2021/320, S.S.I. 2022/108, S.S.I. 2022/336 and S.S.I. 2023/149.

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