Scotland relaxes habitual residence rules for evacuees

From 18 March 2026, Scotland updates how residence and presence rules work for disability and carer support. If you fled a crisis abroad-because the UK Government told British nationals to leave or organised evacuation flights-or you arrived on a safe and legal humanitarian route, your claim can be processed without the usual wait. The Regulations were made on 10 March 2026 and apply in Scotland only.

Why this matters to you and your learners is simple: in emergencies, the standard checks-where you usually live and how long you have been here-can hold people back from getting help. Ministers have now created a standing exemption so people fleeing danger can access support quickly, and people stranded overseas can keep payments going while they try to come home. (socialsecuritycommission.scot)

Who counts under the new rules? People with a right of abode (for example British citizens), those who do not need leave to enter or remain, people granted leave under the Immigration Rules (including certain visas with recourse to public funds), and those arriving through a safe and legal humanitarian route. You still need to meet the ordinary eligibility criteria of the benefit itself. (legislation.gov.uk)

Two big shifts sit at the heart of the change. First, eligible arrivals can be exempt from the habitual residence test and from past‑presence requirements that normally demand time living in Great Britain or the Common Travel Area. Second, a special temporary‑absence rule means some people who are stuck abroad during a crisis are treated as present in Scotland for a set period, so payments do not stop while routes home are unsafe or shut. (socialsecuritycommission.scot)

Timing is crucial. To use the crisis route, you need to arrive in the UK within 26 weeks of the date the UK Government first issued ‘leave now’ advice or began evacuations. After that, how long the exemption lasts depends on the benefit: for UK‑run disability and carer benefits paid in Scotland under agency agreements (Attendance Allowance, DLA, PIP and Carer’s Allowance), the waiver of past presence can run for up to 130 weeks from the advice/evacuation date, allowing late arrivals to build up the usual presence over time. For Scottish‑run disability assistance and Carer Support Payment, the exemption window is typically up to 52 weeks, or 39 weeks for babies under six months. People on approved humanitarian routes are not time‑limited by this rule. (legislation.gov.uk)

Temporary absence: the 26‑week rule in plain English. If you were already outside the Common Travel Area and the UK then advised British nationals to leave-or started evacuations-you can be treated as present in Scotland for up to 26 weeks while you try to return. Decision‑makers must be satisfied it was unreasonable to expect you to get back sooner, and the rule does not apply if you travelled to the country after the ‘leave now’ advice was issued. The overall ‘treated as present’ period is capped at six months. (legislation.gov.uk)

Let’s make that concrete. Imagine Asha, usually resident in Dundee, visiting family abroad. Three weeks into her trip, the Foreign, Commonwealth and Development Office says ‘leave now’ and flights are disrupted. Asha cannot get a seat for two months. Under the new rule, she is treated as present for up to 26 weeks, so her qualifying disability benefit can keep running if she meets the other conditions. That reduces stress at an already difficult time. (gov.uk)

Another everyday scenario for classrooms: Karim arrives in Glasgow 20 weeks after evacuations began. He applies for a UK‑run disability benefit. Even though he has not built up the usual 104‑out‑of‑156 weeks of past presence yet, the 130‑week waiver means he can receive support while that clock runs, provided he meets the assessment for daily living or mobility needs. (legislation.gov.uk)

Key terms we teach through. Habitual residence is about where you normally live and intend to stay. Past presence is about time physically spent in Great Britain or the Common Travel Area before you claim. For many adult disability and carer benefits under UK rules, the standard benchmark is 104 weeks in the last 156 weeks; children often have shorter time frames. The new Scottish regulations switch these checks off for specific crisis‑related cases. (legislation.gov.uk)

Which benefits are covered? The changes span Social Security Scotland payments-Child Disability Payment, Adult Disability Payment, Pension Age Disability Payment, Scottish Adult Disability Living Allowance, Best Start Grants, Best Start Foods, Young Carer Grant and Carer Support Payment-and the UK‑administered benefits paid in Scotland under agency agreement: Attendance Allowance, Carer’s Allowance, Disability Living Allowance and Personal Independence Payment. (socialsecuritycommission.scot)

What it means when you apply. You will still need to show you meet the ordinary entitlement criteria-such as care or mobility needs for disability assistance, or caring hours for carer benefits. Keep evidence of when the Government advice was issued or evacuations began, your travel dates, and why it was unreasonable for you to return sooner if you were stranded. This helps case managers apply the new rules smoothly. (legislation.gov.uk)

For teachers and students, this is a clean way to study how rules adapt in a crisis. Try asking: does the exemption help someone who arrives on day 180? For UK‑run disability or carer benefits, yes-the 130‑week waiver continues to run from day one of the crisis so late arrivals can still qualify while they build presence. For Scottish‑run disability assistance, the exemption window is usually 52 weeks (or 39 for infants), so the answer may be no-discuss how policy design balances speed, fairness and evidence. (legislation.gov.uk)

Final details to pin to your noticeboard: the Regulations were made on 10 March 2026 and come into force on 18 March 2026. They are designed as a standing ‘education moment’ too, showing how governments can write rules that are strict in normal times but flexible when people need help most.