SI 2026/679 - The Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026

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This Statutory Instrument has been made in consequence of defects in S.I. 2018/872, 2020/989, 2021/786, 2022/177, 2023/1218, 2024/919 and 2025/227, and S.R. 2019 No. 23, and is being issued free of charge to all known recipients of those Statutory Instruments.

STATUTORY INSTRUMENTS 2026 No. 679 CONSTITUTIONAL LAW DEVOLUTION SOCIAL SECURITY The Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026 Made - - - - 23rd June 2026 Laid before Parliament 25th June 2026 Coming into force - - 16th July 2026 The Secretary of State makes this Order in exercise of the powers conferred by sections 104, 112(1) and 113(2) and (3) of the Scotland Act 1998(1).

Part 1 Citation, commencement and extent Citation, commencement and extent

1.—(1) This Order may be cited as the Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026 and comes into force on 16th July 2026.

(2) Part 1 of this Order extends to England and Wales, Scotland and Northern Ireland.

(3) Part 2 of this Order extends to England, Wales and Scotland.

(4) Part 3 of this Order extends to Northern Ireland only.

(1) 1998 c. 46. Section 104 was amended by section 12 of the Scotland Act 2012 (c. 11) and section 10(3) of the Scotland Act 2016 (c. 11).Document Generated: 2026-06-25

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Part 2 England, Wales and Scotland Amendment of the Social Security (Claims and Payments) Regulations 1987

2. In regulation 6 of the Social Security (Claims and Payments) Regulations 1987 (date of claim)(2)—

(a) in paragraph (22), in sub-paragraph (d) of the definition of “qualifying benefit” for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b) in paragraph (38)(b)—

(i)for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(ii)omit the “or” after paragraph (iii);

(iii)after paragraph (iv) insert “; or

(v) carer support payment within the meaning of regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023(3).”.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

3.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999(4) are amended as follows.

(2) In regulation 1 (citation, commencement, application and interpretation), in paragraph (3)—

(a) for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b) in the definition of “Scottish disability or carer benefit”—

(i)omit the “or” after sub-paragraph (c);

(ii)after sub-paragraph (d) insert “; or

(e) carer support payment within the meaning given in regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;”.

(3) In regulation 3(7)(b) (revision of decisions), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(4) In regulation 6(2)(e)(ii) (supersession of decisions), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(5) In regulation 7(7)(a) (date from which a decision superseded under section 10 takes effect), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

4.—(1) The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(5) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2)—

(2) S.I. 1987/1968; relevant amending instruments are S.I. 2002/428, 2022/177, 2024/919 and 2025/227.

(3) S.S.I. 2023/302.

(4) S.I. 1999/991; relevant amending instruments are S.I. 2000/1596, 2002/428, 2006/832, 2021/786, 2022/177, 2024/919 and 2025/227.

(5) S.I. 2001/1002; relevant amending instruments are S.I. 2003/2275, 2021/786 and 2022/177.

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(a) for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b) in the definition of “Scottish disability or carer benefit”—

(i)for “either” substitute “any”;

(ii)omit the “and” after sub-paragraph (a);

(iii)after sub-paragraph (b) insert— “(c) carer support payment within the meaning given in regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023(6);

(d) pension age disability payment within the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024(7); or

(e) Scottish adult disability living allowance within the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025(8);”.

(3) In regulation 4 (revision of decisions)—

(a) in paragraph (7B)(b) for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b) after paragraph (7C) insert— “(7CA) Where entitlement to housing benefit has ceased (“decision A”) because entitlement to a Scottish disability or carer benefit has ceased (“decision B”), decision A may be revised at any time if entitlement to the Scottish disability or carer benefit to which decision B applies has been reinstated in consequence of a decision made under section 43 or 49 of the Social Security (Scotland) Act 2018.”.

(4) In regulation 7(2)(i)(ii) (decisions superseding earlier decisions), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(5) In regulation 8(14) (date from which a decision superseding an earlier decision takes effect), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005

5. In regulation 10(1A) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (deductions from an award of a funeral payment)(9)—

(a) after sub-paragraph (c) insert— “(cza) carer’s allowance supplement under section 81 of the Social Security

(Scotland) Act 2018(10);”;

(b) after sub-paragraph (ee) insert “;

(eea) young carer grant under the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019(11);”.

(6) S.S.I. 2023/302.

(7) S.S.I. 2024/166.

(8) S.S.I. 2025/3.

(9) S.I. 2005/3061; relevant amending instruments are S.I. 2013/247 and 2013/591; there are other amending instruments but none is relevant.

(10) 2018 asp 9.

(11) S.S.I. 2019/324.

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Amendment of the Housing Benefit Regulations 2006

6.—(1) The Housing Benefit Regulations 2006(12) are amended as follows.

(2) In regulation 28(11) (treatment of child care charges), after sub-paragraph (eb), insert— “(ec) an adult disability payment was payable on account of the other member’s incapacity but has ceased to be payable in accordance with regulation 28 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (effect of admission to hospital on ongoing entitlement to adult disability payment)(13);”.

(3) In Schedule 3 (applicable amounts), in paragraph 14(2)(a)(i) after “regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022” insert “, a pension age disability payment in accordance with regulation 6 of the Disability Assistance for Older People

(Scotland) Regulations 2024 (14)”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

7.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(15) are amended as follows.

(2) In regulation 31(11) (treatment of child care charges), after sub-paragraph (eb), insert— “(ec) an adult disability payment was payable on account of the other member’s incapacity but has ceased to be payable in accordance with regulation 28 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (effect of admission to hospital on ongoing entitlement to adult disability payment);”.

(3) In Schedule 3 (applicable amounts), in paragraph 6(6)(a) after “regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022” insert “, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations (16)”.

(4) In Schedule 4 (sums disregarded from claimant’s earnings), after paragraph 5(1)(a)(iva), insert— “(ivb) adult disability payment;”.

Amendment of the Employment and Support Allowance Regulations 2008

8. In Schedule 6 to the Employment and Support Allowance Regulations 2008 (housing costs)(17), in paragraph 19(8)(a), after “Scottish adult disability living allowance” insert “, child disability payment”.

(12) S.I. 2006/213; relevant amending instruments are S.I. 2013/388, 2013/591, 2021/786, 2022/177, 2024/919 and 2025/227; there are other amending instruments but none is relevant.

(13) S.S.I. 2022/54.

(14) S.S.I. 2024/166.

(15) S.I. 2006/214; relevant amending instruments are S.I. 2008/1082, 2013/388, 2022/177, 2024/919 and 2025/227; there are other amending instruments but none is relevant.

(16) S.S.I. 2021/174.

(17) S.I. 2008/794; relevant amending instruments are S.I. 2013/388, 2013/591, 2022/177, 2024/919 and 2025/227.

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Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

9.—(1) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013(18) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b) in the definition of “Scottish disability or carer benefit”—

(i)omit the “or” after paragraph (c);

(ii)after paragraph (d) insert “; or

(e) carer support payment within the meaning given in regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023(19);”.

(3) In regulation 12(b) (award of another benefit), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(4) In paragraph 31 of Schedule 1 (effective dates for superseding decisions made on the ground of a change of circumstances), in sub-paragraphs (1) and (2)(a), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

Part 3 Northern Ireland Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

10.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(20) are amended as follows.

(2) In regulation 1(2) (citation, commencement, application and interpretation)—

(a) for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b) in the definition of “Scottish disability or carer benefit” after sub-paragraph (d) insert— “(e) carer support payment within the meaning given in regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023(21) in circumstances where regulation 42(1) of those Regulations applies;”.

(3) In regulation 3(7)(b) (revision of decisions), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(4) In regulation 6(2)(e)(ii) (supersession of decisions), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(5) In regulation 7(7)(a) (date from which a decision superseded under Article 11 takes effect), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(18) S.I. 2013/381; relevant amending instruments are S.I. 2021/786, 2022/177, 2024/919 and 2025/227.

(19) S.S.I. 2023/302.

(20) S.R. 1999 No. 162; relevant amending instruments are S.R. 2000 No. 215, S.R 2002 No. 67, S.R. 2006 No. 168, S.I. 2021/786, 2022/177, 2024/919 and 2025/227.

(21) S.S.I. 2023/302.

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Amendment of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001

11.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(22) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b) in the definition of “Scottish disability or carer benefit”—

(i)for “either” substitute “any”;

(ii)omit the “and” after sub-paragraph (a);

(iii)after sub-paragraph (b) insert— “(c) carer support payment within the meaning given in regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;

(d) pension age disability payment within the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024(23); or

(e) Scottish adult disability living allowance within the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025(24);”.

(3) In regulation 4 (revision of decisions)—

(a) in paragraph (6B)(b) for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b) after paragraph (6C) insert— “(6CA) Where entitlement to housing benefit has ceased (“decision A”) because entitlement to a Scottish disability or carer benefit has ceased (“decision B”), decision A may be revised at any time if entitlement to the Scottish disability or carer benefit to which decision B applies has been reinstated in consequence of a decision made under section 43 or 49 of the Social Security (Scotland) Act 2018.”.

(4) In regulation 7(2)(h)(ii) (decisions superseding earlier decisions), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(5) In regulation 8(12) (date from which a decision superseding an earlier decision takes effect), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005

12. In regulation 10(1A) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (deductions from an award of a funeral payment)(25)—

(a) after sub-paragraph (c) insert— “(cza) carer’s allowance supplement under section 81 of the Social Security

(Scotland) Act 2018;”;

(b) after sub-paragraph (bb) insert—

(22) S.R. 2001 No. 213; relevant amending instruments are S.R. 2003 No. 418, S.R. 2007 No. 266, S.I. 2021/786 and 2022/177.

(23) S.S.I. 2024/166.

(24) S.S.I. 2025/3.

(25) S.R. 2005 No. 506; relevant amending instruments are S.R. 2013 No. 58 and S.I. 2013/3021.

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(Scotland) Regulations 2019;”.

Amendment of the Housing Benefit Regulations (Northern Ireland) 2006

13.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(26) are amended as follows.

(2) In regulation 25(11) (treatment of child care charges), after sub-paragraph (eb), insert— “(ec) an adult disability payment was payable on account of the other member’s incapacity but has ceased to be payable in accordance with regulation 28 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (effect of admission to hospital on ongoing entitlement to adult disability payment)(27);”.

(3) In Schedule 4 (applicable amounts), in paragraph 14(2)(a)(i), after “regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022” insert “or a pension age disability payment in accordance with regulation 6 of the Disability Assistance for Older People

(Scotland) Regulations 2024;”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

14.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(28) are amended as follows.

(2) In regulation 29(11) (treatment of child care charges), after sub-paragraph (eb) insert— “(ec) an adult disability payment was payable on account of the other member’s incapacity but has ceased to be payable in accordance with regulation 28 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (effect of admission to hospital on ongoing entitlement to adult disability payment)(29);”.

(3) In Schedule 4 (applicable amounts), in paragraph 6(6)(a), after “regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022” insert “, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations (30)”.

(4) In Schedule 5 (sums disregarded from claimant’s earnings), after paragraph 5(1)(a)(ivb) insert— “(ivc) adult disability payment;”.

Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008

15. In paragraph 19(8)(a) of Schedule 6 (housing costs) to the Employment and Support Allowance Regulations (Northern Ireland) 2008(31), after “Scottish adult disability living allowance” insert “, child disability payment”.

(26) S.R. 2006 No. 405; relevant amending instruments are S.I. 2013/3021, S.R. 2016 No. 228, S.I. 2021/786, 2022/177, 2024/919 and 2025/227.

(27) S.S.I. 2022/54.

(28) S.R. 2006 No. 406; relevant amending instruments are S.I. 2013/3021, S.R. 2016 No. 228, S.I. 2022/177, 2022/530, 2024/919 and 2025/227.

(29) S.S.I. 2022/54.

(30) S.S.I. 2021/174.

(31) S.R. 2008 No. 280; relevant amending instruments are S.I. 2013/3021, S.R. 2016 No. 228, S.I. 2022/177, 2024/919 and 2025/227.

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Amendment of the State Pension Regulations (Northern Ireland) 2015

16.—(1) The State Pension Regulations (Northern Ireland) 2015(32) are amended as follows.

(2) In regulation 28(4)(a)(i) (credits for spouses and civil partners of members of Her Majesty’s forces), after “carer’s allowance” insert “or carer support payment”.

(3) In regulation 29(2)(b) (credits under the 1975 regulations), after “carer’s allowance” insert “or carer support payment”.

(4) In regulation 33(4)(a)(i) (credits for spouses and civil partners of members of Her Majesty’s forces), after “carer’s allowance” insert “or carer support payment”.

(5) In regulation 37(4) (credits for persons engaged in caring), after sub-paragraph (a) insert— “(aa) pension age disability payment in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024(33) in circumstances where the person is resident in Northern Ireland and regulation 45(1) of those Regulations applies;”.

Amendment of the Universal Credit Regulations (Northern Ireland) 2016

17. In paragraph 14(2) of Schedule 4 to the Universal Credit Regulations (Northern Ireland) 2016 (housing costs element for renters)(34), in heads (bb) and (da), omit “a person”.

Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016

18.—(1) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016(35) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) for “Scottish disability benefit” substitute “Scottish disability or carer benefit”;

(b) in the definition of “Scottish disability or carer benefit”—

(i)omit the “or” after sub-paragraph (c);

(ii)after sub-paragraph (d) insert “or

(e) carer support payment within the meaning given in regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023(36) in circumstances where regulation 42(1) of those Regulations applies;”.

(3) In regulation 12(b) (award of another benefit), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(4) In paragraph 31 of Schedule 1 (effective dates for superseding decisions made on the ground of a change of circumstances), in sub-paragraphs (1) and (2)(a), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit”.

(32) S.R. 2015 No. 315, Part 8; as inserted by S.R. 2016 No. 100. There are other amending instruments, but none is relevant.

(33) S.S.I. 2024/166.

(34) S.R. 2016 No. 216; relevant amending instruments are S.I. 2022/177 and 2025/227.

(35) S.R. 2016 No. 221; relevant amending instruments are S.I. 2021/786, 2022/177, 2024/919 and 2025/227.

(36) S.S.I. 2023/302.

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Signed by authority of the Secretary of State for Work and Pensions Andrew Western Parliamentary Under-Secretary of State 23rd June 2026 Department for Work and Pensions 9Document Generated: 2026-06-25

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EXPLANATORY NOTE (This note is not part of the Order) This Order makes amendments in consequence of regulations made under section 28 (carer’s assistance), section 31 (disability assistance) and section 81 (carer’s allowance supplement) of the Social Security (Scotland) Act 2018 (asp 9).

This Order makes amendments to social security legislation in England and Wales, Scotland and Northern Ireland, as the case may be, governing entitlement to certain benefits in consequence of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (S.S.I. 2023/302), the Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (S.S.I. 2025/3), the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 (S.S.I. 2019/324) and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (S.S.I. 2021/174).

Those Regulations introduce arrangements for the payment of various Scottish disability and carer benefits in the form of carer support payment (replacing carer’s allowance), carer’s allowance supplement, young carer’s grant, pension age disability payment (replacing attendance allowance), child disability payments (replacing disability living allowance for children and young people under

16), Scottish adult disability living allowance (replacing disability living allowance) and adult disability payment (replacing personal independence payment).

Where applicable, these Scottish benefits are intended to interact with the reserved benefit system in the same way as the benefits that they replace to ensure equal treatment across Great Britain in the reserved system and in Northern Ireland.

Consequential amendments arising from the introduction of those benefits were previously made to the reserved benefits system and in Northern Ireland via multiple Orders made under section 104 of the Scotland Act 1998 including S.I. 2018/872, 2020/989, 2021/786, 2022/177, 2023/1218, 2024/919 and 2025/227. The amendments included in this Order supplement those made in earlier Orders and correct omissions.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

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