These Regulations may be cited as the Social Security (Residence in an EEA State or Switzerland) (Amendment) Regulations 2025 and come into force on 10th December 2025.
The Social Security (Residence in an EEA State or Switzerland) (Amendment) Regulations 2025
Published: Tue 18th Nov 25
The Social Security (Residence in an EEA State or Switzerland) (Amendment) Regulations 2025 modify existing social security regulations concerning Invalid Care Allowance, Disability Living Allowance (DLA) care component, and Personal Independence Payment (PIP) daily living component for individuals residing in an EEA State or Switzerland.
These Regulations allow individuals who were in receipt of the relevant benefit provision under an applicable EU Regulation on December 31, 2020, to continue receiving those specific entitlements, provided they have maintained continuous receipt since that date and have not subsequently been habitually resident in the UK.
Arguments For
Supports the UK's commitment to upholding the rights of individuals who were entitled to certain benefits under previous EU arrangements as of the end of the transition period (31st December 2020).
Ensures continuity of established benefit payments (Invalid Care Allowance, DLA care component, PIP daily living component) for eligible recipients who reside outside the UK in an EEA state or Switzerland, subject to maintenance of continuous receipt and residency conditions post-Brexit.
Provides necessary legislative clarity and framework for administering these specific legacy benefit entitlements post-UK withdrawal from the EU.
Arguments Against
Restricts new claims based on these specific pre-exit EU arrangements, meaning individuals moving to the EEA/Switzerland after the transition period are subject to new claim rules, potentially creating an unequal two-tier system for existing vs. new claimants.
The condition that the individual must not have been habitually resident in the UK after 31st December 2020 establishes a strict cut-off date which may penalize individuals who briefly returned to the UK during that time.
The amendments only address continuity for specific components (care/daily living) and allowances derived from existing entitlements before the end of the transition period, potentially creating administrative complexity regarding other benefits.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 70(4), 71(6) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992 and sections 77(3) and 94(1) and (2) of the Welfare Reform Act 2012.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.
The Secretary of State for Work and Pensions created these statutory rules utilizing powers granted under the Social Security Contributions and Benefits Act 1992 and the Welfare Reform Act 2012.
Additionally, the Social Security Advisory Committee agreed that the proposed changes did not require formal referral for advice, as outlined in the Social Security Administration Act 1992.
Citation, commencement and extent1.
(1)
(2)
These Regulations extend to England and Wales.
The official short title for this legislation is the Social Security (Residence in an EEA State or Switzerland) (Amendment) Regulations 2025.
The rules formally took legal effect on December 10, 2025.
These particular regulations only apply and have legal force within England and Wales.
Amendment to the Social Security (Invalid Care Allowance) Regulations 19762.
For paragraph (b) of regulation 9B of the Social Security (Invalid Care Allowance) Regulations 1976 (persons residing in an EEA state or in Switzerland to whom a relevant EU Regulation applies) substitute—
(b)
a relevant EU Regulation—
(i)
applies to the person; or
(ii)
except where the person has been habitually resident in the United Kingdom after 31st December 2020, applied to the person on 31st December 2020 and they have been continuously in receipt of a carer’s allowance on and from that date; and”.
This instruction updates Regulation 9B of the 1976 regulations, which deals with Invalid Care Allowance for people resident in the EEA or Switzerland under EU rules.
It replaces the previous text of sub-paragraph (b) with conditions based on whether a relevant EU Regulation applies to the person.
The new provision allows the person to continue receiving Carer's Allowance if the EU Regulation applied on December 31, 2020, and they have received the allowance continuously since then, provided they have not been habitually resident in the UK since that cut-off date.
Amendment to the Social Security (Disability Living Allowance) Regulations 19913.
For paragraph (b) of regulation 2B of the Social Security (Disability Living Allowance) Regulations 1991 (persons residing in an EEA state or in Switzerland to whom a relevant EU Regulation applies) substitute—
(b)
a relevant EU Regulation—
(i)
applies to the person; or
(ii)
except where the person has been habitually resident in the United Kingdom after 31st December 2020, applied to the person on 31st December 2020 and they have been continuously in receipt of the care component of disability living allowance on and from that date; and”
Regulation 2B of the 1991 rules concerning Disability Living Allowance (DLA) for EEA/Switzerland residents is amended.
Mirroring the previous change, the rules for entitlement are updated to reflect post-Brexit continuity.
Continuing receipt of the DLA care component is preserved if the relevant EU Regulation applied on December 31, 2020, and the claimant has received it without interruption since then, provided they have not returned to being habitually resident in the UK after that date.
Amendment to the Social Security (Personal Independence Payment) Regulations 20134.
For paragraph (b) of regulation 23 of the Social Security (Personal Independence Payment) Regulations 2013 (persons residing in an EEA state or in Switzerland to whom a relevant EU Regulation applies) substitute—
(b)
a relevant EU Regulation—
(i)
applies to C; or
(ii)
except where C has been habitually resident in the United Kingdom after 31st December 2020, applied to C on 31st December 2020 and they have been continuously in receipt of the daily living component of personal independence payment on and from that date; and”
Regulation 23 of the 2013 rules, concerning Personal Independence Payment (PIP) for EEA/Switzerland residents, receives a parallel adjustment.
Eligibility is maintained for the PIP daily living component if the relevant EU Regulation applied to the claimant (referenced as 'C') on December 31, 2020, and they have been continuously receiving payments since then, provided they have not established habitual residence in the UK after that date.
Signed by authority of the Secretary of State for Work and Pensions
Stephen Timms Minister of State Department for Work and Pensions 17th November 2025
This section formalizes the enactment of the regulations, signed by Stephen Timms, the Minister of State for the Department for Work and Pensions, under official authority on November 17, 2025.
Explanatory Note (This note is not part of the Regulations)
These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409), the Social Security (Disability Living Allowance) Regulations 1991 (S.I. 1991/2890) and the Social Security (Personal Independence Payment) Regulations 2013 (S.I. 2013/377). They reflect that claimants, to whom a relevant EU regulation applied on 31st December 2020 (the date of the end of the transition period following the UK’s withdrawal from the EU), maintain their rights to carer’s allowance, the care component of disability living allowance and the daily living component of personal independence payment subject to certain conditions. The individual must have continuously received these benefits since 31st December 2020, and they must not have been habitually resident in the United Kingdom on or after that date. These regulations do not create a ground for new claims but provide a legislative basis to continue paying benefits already in payment.
A full impact assessment has not been produced for this instrument as no, or no significant impact, on the private, voluntary sector or community bodies is foreseen.
This explanatory note clarifies that the rules update three prior sets of regulations related to legacy benefits following the UK's departure from the EU. They confirm that individuals entitled to Carer's Allowance, DLA care component, or PIP daily living component under EU rules as of December 31, 2020, can keep receiving these payments if they remain continuously entitled and have not moved their main residence back to the UK since that date.
Importantly, these changes only allow existing payments to continue and do not allow for new claims based on these transitional provisions.
The government anticipates no significant impact on the private or voluntary sectors, so a full impact assessment was deemed unnecessary.
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