Social Security Citation, commencement and extent 1 1 These Regulations may be cited as the Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 and come into force on 15 September 2021. 2 These Regulations extend to Scotland only. Amendment of disability and carers benefit legislation 2 1 The provisions specified in paragraph (5) are amended in accordance with paragraphs (2), (3), (4), (6), (7), (8) and (9). 2 For the heading substitute “Refugees and certain persons with leave to enter and remain in the United Kingdom”. 3 In paragraph (1)— a at the end of sub-paragraph (a), omit “or”, b after sub-paragraph (b) insert— c leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of— i the Afghan Relocations and Assistance Policy, or ii the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme), d been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c), or e leave granted under the Afghan Citizens Resettlement Scheme. . 4 For paragraph (2) substitute— 2 For the purposes of this regulation— a “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971 , b “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021 . . 5 The provisions mentioned in paragraph (1) are— a regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976 (“the CA Regulations”), b regulation 2C of the Social Security (Attendance Allowance) Regulations 1991 (“the AA Regulations”), c regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991 (“the DLA Regulations”), and d regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013 (“the PIP Regulations”). 6 In regulation 9C of the CA Regulations, after paragraph (1) insert— 1A Regulation 9(1)(a) shall not apply where paragraph (1)(c), (d) or (e) applies to the person. . 7 In regulation 2C of the AA Regulations, after paragraph (1) insert— 1A Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person. . 8 In regulation 2C of the DLA Regulations, after paragraph (1) insert— 1A Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person. . 9 In regulation 23A of the PIP Regulations, after paragraph (1) insert— 1A Regulation 16(c) does not apply in relation to a claim for personal independence payment where paragraph (1)(c), (d) or (e) applies to C. . Amendment of the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 3 1 The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 are amended in accordance with paragraphs (2) to (4). 2 In paragraph 4 of schedule 2— a after paragraph 4(2)(aa) insert— ab a person who— i leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 1971 , by virtue of— ia the Afghan Relocations and Assistance Policy, or ib the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme), ii has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or iii has leave granted under the Afghan Citizens Resettlement Scheme. , b after paragraph 4(2) insert— 3 In this paragraph, “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021 . . 3 In paragraph 3 of schedule 3— a after paragraph 3(2)(aa) insert— ab a person who— i has leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 1971 , by virtue of— ia the Afghan Relocations and Assistance Policy, or ib the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme), ii has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or iii has leave granted under the Afghan Citizens Resettlement Scheme. , b after paragraph 3(2) insert— 3 In this paragraph “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021 . . 4 In paragraph 4 of schedule 4— a after paragraph 4(2)(aa) insert— ab a person who— i has leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 1971 , by virtue of— ia the Afghan Relocations and Assistance Policy, or ib the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme), ii has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or iii has leave granted under the Afghan Citizens Resettlement Scheme . , b after paragraph 4(2) insert— 3 In this paragraph “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021 . . Amendment of the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 4 1 Regulation 9 of the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 is amended in accordance with paragraphs (2) and (3). 2 After regulation 9(2)(a) insert— ab a person who— i has leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 1971 , by virtue of— ia the Afghan Relocations and Assistance Policy, or ib the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme), ii has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or iii has leave granted under the Afghan Citizens Resettlement Scheme. . 3 After regulation 9(2)insert— 3 In this regulation “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021 . . Amendment of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 5 1 Regulation 8 of the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 is amended in accordance with paragraphs (2) and (3). 2 After regulation 8(2)(a) insert— aa a person who— i has leave to enter or remain in the United Kingdom granted under the immigration rules made under section 3(2) of the Immigration Act 1971 , by virtue of— ia the Afghan Relocations and Assistance Policy, or ib previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme), ii has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-head (i), or iii has leave granted under the Afghan Citizens Resettlement Scheme. . 3 In paragraph (10) , before the definition of “EEA State”, insert— “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021 . . Amendment of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 6 1 Regulation 5 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 is amended in accordance with paragraphs (2) and (3). 2 After paragraph (10) insert— 10A The habitual residence condition in paragraph (1)(b) and the past presence condition in paragraph (1)(e) do not apply where an individual— a has leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of— i the Afghan Relocations and Assistance Policy, or ii the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme), b has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (a); or c has leave granted under the Afghan Citizens Resettlement Scheme . . 3 For paragraph (11) substitute— 11 For the purposes of paragraphs (10) and (10A)— a “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971 , b “the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021 . . BEN MACPHERSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 14th September 2021