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

• Citation: S.I. 2026/679
• Sections: 18

Section 1 Citation, commencement and extent

(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.

Section 2 Amendment of the Social Security (Claims and Payments) Regulations 1987

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

(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 .

Section 3 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 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(5) In regulation 7(7)(a) (date from which a decision superseded under section 10 takes effect), for each occurrence of “Scottish disability benefit” substitute “Scottish disability or carer benefit” .

Section 4 Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

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

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

(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 ; 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 ;

(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” .

Section 5 Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005

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

(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 (ee) insert

;

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

Section 6 Amendment of the Housing Benefit Regulations 2006

(1) The Housing Benefit Regulations 2006 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) ;

(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 ” .

Section 7 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 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 ” .

(4) In Schedule 4 (sums disregarded from claimant’s earnings), after paragraph 5(1)(a)(iva), insert—

(ivb) adult disability payment;

Section 8 Amendment of the Employment and Support Allowance Regulations 2008

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

Section 9 Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

(1) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 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 ;

(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” .

Section 10 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 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 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” .

Section 11 Amendment of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001

(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 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 ; 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 ;

(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” .

Section 12 Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005

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) —

(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—

(cc) young carer grant under the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019;

Section 13 Amendment of the Housing Benefit Regulations (Northern Ireland) 2006

(1) The Housing Benefit Regulations (Northern Ireland) 2006 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) ;

(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;” .

Section 14 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 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) ;

(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 ” .

(4) In Schedule 5 (sums disregarded from claimant’s earnings), after paragraph 5(1)(a)(ivb) insert—

(ivc) adult disability payment;

Section 15 Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008

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

Section 16 Amendment of the State Pension Regulations (Northern Ireland) 2015

(1) The State Pension Regulations (Northern Ireland) 2015 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 in circumstances where the person is resident in Northern Ireland and regulation 45(1) of those Regulations applies;

Section 17 Amendment of the Universal Credit Regulations (Northern Ireland) 2016

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

Section 18 Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016

(1) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 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 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” .