Scottish benefits- rules about living in Scotland

This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales

What are the rules about living in Scotland

You must meet the rules about living in Scotland to get certain benefits from Social Security Scotland. The benefits are:

  • Carer Support Payment

  • Child Disability Payment

  • Adult Disability Payment

  • Pension Age Disability Payment

To get one of these benefits, you must usually be all of the following:

If you’re applying for Child Disability Payment, the rules apply to the child.

If you're not sure if you can get a benefit paid by Social Security Scotland because of where you live, you can get advice. Find out how to contact your local Citizens Advice Bureau.

Ordinarily resident in Scotland

Ordinarily resident in Scotland means that you:

  • live in Scotland

  • have a daily routine centred on your address, such as being registered with a GP

  • have only temporary or occasional absences from Scotland

  • have a settled purpose, such as work or education in Scotland.

You can be ordinarily resident in more than one place at a time. For example, you could have a term-time address for education and a family home that you return to in the summer.

Habitually resident in the UK, Ireland, the Isle of Man or the Channel Islands

To be habitually resident, you must:

  • have lived in the UK, Ireland, the Isle of Man or the Channel Islands for 'an appreciable period' - this often means at least 1 to 3 months, and

  • plan to stay for a reasonable length of time, though not necessarily forever.

You can only be habitually resident in one place at a time.

You do not have to meet the 'habitual residence' test if you:

  • have been granted refugee status or humanitarian protection under the immigration rules

  • are the dependant of a person with refugee status or humanitarian protection.

If you’ve recently moved or returned to the UK , you can check how to prove that you're habitually resident.

Present in the UK, Ireland, the Isle of Man or the Channel Islands

You must be present in the UK, Ireland, the Isle of Man or the Channel Islands when you apply for Scottish benefits. These places form the Common Travel Area.

You must also have lived in the Common Travel Area for at least 26 weeks (or periods that add up to 26 weeks) out of the 52 weeks before you apply. This is known as the 'past presence test'.

For Child Disability Payment, the amount of time your child needs to have lived in the Common Travel Area depends on their age. If they're:

  • under 6 months old - they must have been present in the Common Travel Area for at least 13 weeks (or periods that add up to 13 weeks)

  • 6 months or older - they must have been present in the Common Travel Area for at least 26 weeks (or periods that add up to 26 weeks) of the 52 weeks before the application for Child Disability Payment is made.

You do not have to meet the past presence test if you or the person you care for are one of the following:

  • terminally ill

  • getting Armed Forces Independence Payment or Constant Attendance Allowance at or above the normal maximum rate with Industrial Injuries Disablement Benefit, or at the basic (full-day) rate with a War Disablement Pension

  • granted refugee status or humanitarian protection under the immigration rules

  • the dependant of a person with refugee status or humanitarian protection

  • a member of the UK armed forces or a civil servant who is serving abroad

  • living with with - and is the child, stepchild, child in care, parent, spouse or civil partner of - a member of the UK armed forces or a civil servant serving abroad.

Going abroad temporarily

You can still count as present during a temporary absence from the Common Travel Area.

A temporary absence is one that is not expected to last more than 52 weeks.

The rules about how long you’ll still be eligible depend on the benefit you get.

Going abroad temporarily if you get a Scottish disability benefit

If you get Child Disability Payment, Adult Disability Payment or Pension Age Disability Payment and go abroad temporarily, you'll still be eligible for the payment for:

  • the first 13 weeks

  • the first 26 weeks if you're unable to return because of a conflict or a crisis in a country where the UK government has advised people to leave or arranged an evacuation

  • the first 26 weeks if you're going abroad for medical treatment.

The medical treatment must be:

  • for a health condition you had before you left the Common Travel Area, and

  • provided or supervised by a suitably qualified person.

Going abroad temporarily if you get Carer Support Payment

If you get Carer Support Payment and go abroad temporarily, you'll still be eligible for the payment for:

  • the first 4 weeks

  • the first 13 weeks if your absence is to provide care for a person who is also absent and is getting a qualifying disability benefit during that period

  • the first 26 weeks if you're going abroad to provide care for a person who gets medical treatment that started before leaving the Common Travel Area, if that cared-for person gets a qualifying disability benefit during that period

  • the first 26 weeks if you're unable to return because of a conflict or a crisis in a country where the UK government has advised people to leave or arranged an evacuation.

If you're a national of an EU country, Iceland, Liechtenstein, Norway or Switzerland

You can apply for Social Security Scotland benefits if you:

are from the EU, Iceland, Liechtenstein, Norway or Switzerland, or are the family member of someone who is, and

have settled status or pre-settled status under the EU Settlement Scheme.

You can find a list of countries in the EU on GOV.UK.

If you have settled or pre-settled status, you might be in a 'protected' group. This means that the residence and presence rules for Social Security Scotland benefits are different. You:

  • must be habitually resident in the UK

  • do not have to meet the past presence test.

If you're not in a protected group, the normal residence and presence rules apply.

If you do not have pre-settled or settled status, you're usually subject to immigration control and will not be able to apply for Scottish benefits.

The rules about residence and presence for nationals of EU countries, Iceland, Liechtenstein, Norway and Switzerland are complicated.

If you're not sure if you can get benefits because of where you're from, you can get advice. Find out how to contact your local Citizens Advice Bureau.

If you live in an EU country, Iceland, Liechtenstein, Norway or Switzerland

You might be able to get Social Security Scotland benefits.

If you’re applying for Adult Disability Payment, you might be able to get the daily living component. If you’re applying for Child Disability Payment, you might be able to get the care component.

You can find a list of countries in the EU on GOV.UK.

The UK must be the country responsible for paying benefits to you, and you must have a 'genuine and sufficient' link to Scotland. For example, you have:

  • spent a significant part of your life in Scotland

  • a bank account in Scotland

  • frequent contact with family members living in Scotland

  • worked or previously paid social security or tax contributions in Scotland.

This means that if you live in the EU, Iceland, Liechtenstein, Norway or Switzerland but would otherwise be entitled to Social Security Scotland benefits, you can get them as long as you meet all the other conditions.

The rules about residence and presence for nationals of EU countries, Iceland, Liechtenstein, Norway and Switzerland are complicated. If you're not sure if you can get benefits because of where you live, you can get advice. Find out how to contact your local Citizens Advice Bureau.

If you left another country because of conflict

You don't need to meet the habitual residence test or the past presence test if you:

  • left a country because of conflict or a crisis because the UK government advised people to leave the country or evacuated British nationals - you need to have arrived in the UK within 26 weeks of the advice or evacuation starting

  • you have been granted leave under a UK government humanitarian scheme.

In these cases, you must also meet one of these conditions:

  • you have leave to enter or remain in the UK

  • you have a right of abode in the UK

  • you’re a British or Irish citizen.