Scotland will relax residence and presence rules for devolved benefits from 18 March 2026, after ministers made new regulations (Scottish Statutory Instrument 2026/139) on 10 March. The change is aimed at people evacuated from crisis zones or arriving through safe and legal humanitarian routes, allowing access to support sooner.

Under the rules, someone who left a country after the UK Government told British nationals to leave or began an evacuation, and who reaches Great Britain within 26 weeks, can be treated as meeting residence and past presence tests if they have a right of abode, do not require leave, or hold leave to enter or remain (including discretionary leave). People arriving via humanitarian routes sanctioned by the UK Government are also covered.

The easing applies to Attendance Allowance, Personal Independence Payment, Disability Living Allowance and its Scottish replacements-Disability Assistance for Children and Young People, for Working Age People and for Older People-alongside Carer Support Payment, the Young Carer Grant, Best Start Grants and Best Start Foods. People must still be ordinarily resident in Scotland to claim these devolved supports and must meet the underlying disability or caring criteria; SSI 2026/139 targets residence and presence checks only.

For people already on support who then become stuck abroad, a new protection treats them as present in Great Britain for the first 26 weeks if they were in the affected country immediately before the UK Government’s ‘leave now’ advice or an evacuation began, and it would be unreasonable to expect them to return. An equivalent 26‑week rule applies for devolved assistance that uses the common travel area test; the common travel area covers the UK, Ireland, the Isle of Man and the Channel Islands.

Time limits vary by benefit. For PIP and Attendance Allowance-and for adults on legacy DLA-the exemption can run for up to 130 weeks from the date advice was issued or an evacuation started. For children, the window is shorter: 52 weeks for those aged six months and over, and 39 weeks for babies under six months. For Scotland’s working‑age and older‑people disability assistance, and for Carer Support Payment, the window is typically 52 weeks.

This matters on our side of the Border too. Families in Cumbria, Northumberland and the North East with relatives who relocate to Scotland after an evacuation may see them qualify for help sooner, without the usual wait to build up past presence. Employers and councils supporting resettled staff or tenants north of the line should check these dates before making assumptions about eligibility.

Carers get clearer rules on time away as well. Carer Support Payment now treats claimants as present for up to 26 weeks when they are abroad after the first 13 weeks to care for someone, including where the cared‑for person is receiving medical treatment, and where evacuation or ‘leave now’ advice has been issued. Young Carer Grant adds the same residence exemptions for evacuees and humanitarian arrivals.

Early years support is included. Best Start Grants-pregnancy and baby, early learning and school‑age-and Best Start Foods now waive the habitual residence test for evacuees who arrive within 26 weeks of the UK Government advice or evacuation, and for people who come via sanctioned humanitarian routes. That could make a rapid difference for expectant parents and new families settling in Scotland.

The clock starts when the UK Government first issues public information telling British nationals to leave, or when an evacuation begins. Claimants should be ready to evidence arrival dates and immigration status, and Social Security Scotland will still assess the underlying disability or caring need. The detail is set out in Scottish Statutory Instrument 2026/139 on legislation.gov.uk.

The regulations record that Welsh Ministers were consulted, the Scottish Commission on Social Security was notified, and the Scottish Parliament approved the measures. There is no change to payment rates or award criteria-this is a targeted adjustment to residence and presence rules to reflect how quickly crises can unfold.