The Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026
This Order amends various social security, housing benefit, and decision-making regulations across England, Wales, Scotland, and Northern Ireland to integrate new Scottish disability and carer benefits into the existing UK-wide legal framework.
It updates terminology to include 'carer benefits' alongside disability benefits and ensures that payments such as Carer Support Payment and Pension Age Disability Payment are recognized within the rules for claims, revisions of decisions, and funeral expense deductions.
The Order applies to the Secretary of State for Work and Pensions and relevant social security authorities responsible for administering benefits and the appeals process.
Arguments For
The Order states that its primary purpose is to correct defects and omissions in previous Statutory Instruments, specifically S.I. 2018/872, 2020/989, 2021/786, 2022/177, 2023/1218, 2024/919, and 2025/227.
Proponents, as indicated in the explanatory note, argue that the Scottish benefits are intended to interact with the reserved benefit system in the same way as the benefits they replace to ensure equal treatment across Great Britain and Northern Ireland.
The document asserts that these amendments are necessary consequences of the introduction of new Scottish benefits, including Carer Support Payment, Pension Age Disability Payment, and Scottish Adult Disability Living Allowance, under the Social Security (Scotland) Act 2018.
The order is issued free of charge to recipients of the defective previous instruments, which the document presents as a corrective measure.
Arguments Against
Legal scholars or affected parties may observe that the need for this Order indicates a pattern of technical errors in the drafting of preceding consequential amendment orders since 2018.
Administrative bodies may find the frequent updating of terminology, such as the shift from 'Scottish disability benefit' to 'Scottish disability or carer benefit' across various regulations, creates incremental compliance or systems-updating costs.
The legislation's interaction with Northern Ireland's social security system depends on specific residency requirements and the application of particular Scottish regulations, which could lead to complexity in cross-border benefit administration for claimants moving between jurisdictions.
Part 1
Citation, commencement and extent
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.
This section establishes the official title of the Order and sets the commencement date for all its provisions as 16th July 2026.
It specifies the geographical reach of each part, with Part 1 applying UK-wide, Part 2 applying to Great Britain, and Part 3 applying specifically to Northern Ireland.
Part 2
England, Wales and Scotland
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)( 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 ).'.
This section modifies the 1987 Regulations regarding the effective date of benefit claims in Great Britain.
It updates the definition of 'qualifying benefit' to include Scottish carer benefits and specifically adds the Scottish Carer Support Payment to the list of recognized benefits.
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( 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'.
This section updates the regulations governing how social security and child support decisions are revised or superseded.
It ensures that the procedures for changing benefit awards apply to the newly defined 'Scottish disability or carer benefit', which now includes Carer Support Payment.
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( 5 ) 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( 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'.
This section incorporates three specific Scottish payments—Carer Support Payment, Pension Age Disability Payment, and Scottish Adult Disability Living Allowance—into the Housing Benefit and Council Tax Benefit appeal framework.
It also establishes a new rule allowing Housing Benefit decisions to be revised at any time if a person's underlying Scottish benefit is reinstated following a successful appeal or review under Scottish law.
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)( 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 );'.
This section amends the rules for calculating funeral payments from the Social Fund in Great Britain.
It designates the Scottish Carer's Allowance Supplement and the Young Carer Grant as payments that must be considered when determining deductions from a funeral award.
Amendment of the Housing Benefit Regulations 2006
- -(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 )'.
This section adjusts Child Care Charge assessments and benefit levels within the 2006 Housing Benefit framework.
It ensures that a claimant's status is protected for childcare charge purposes if their partner's Adult Disability Payment stops due to hospital admission, and it includes Pension Age Disability Payment in the calculation of 'applicable amounts' used to determine benefit needs.
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( 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;'.
This section applies similar changes as Section 6 but for Housing Benefit claimants who have reached the state pension credit age.
It also specifically directs that Adult Disability Payment is to be disregarded when calculating a claimant's earnings.
Amendment of the Employment and Support Allowance Regulations 2008
- 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'.
This section updates the Employment and Support Allowance rules regarding housing costs.
It adds 'child disability payment' to the list of Scottish benefits that affect how housing costs are calculated within this benefit.
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( 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'.
This section updates decision-making and appeal regulations for major UK benefits including Universal Credit and PIP. It ensures that the awarding of a Scottish carer benefit is treated as a relevant change of circumstances and follows the same rules for adjusting existing benefit awards as disability benefits.
Part 3
Northern Ireland
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( 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'.
This section mirrors Part 2's amendments for Northern Ireland's decision-making regulations.
It adds Carer Support Payment to the scope of these regulations, specifically when the claimant is covered by the cross-border provisions of the Scottish carer assistance regulations.
Amendment of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001
- -(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'.
This section applies the same Housing Benefit decision-making updates to Northern Ireland as Section 4 did for Great Britain.
It incorporates Carer Support Payment, Pension Age Disability Payment, and Scottish Adult Disability Living Allowance into Northern Ireland's regulatory frameworks.
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)( 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-
'(cc) young carer grant under the Carer's Assistance (Young Carer Grants) (Scotland) Regulations 2019;'.
This section updates the Social Fund rules for Northern Ireland to ensure Scottish Carer's Allowance Supplement and Young Carer Grants are treated as deductible income when calculating funeral payment awards.
Amendment of the Housing Benefit Regulations (Northern Ireland) 2006
- -(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;'.
This section aligns Northern Ireland’s 2006 Housing Benefit regulations with the changes made in Great Britain regarding hospital admissions and the recognition of Pension Age Disability Payment in calculating benefit amounts.
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( 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;'.
This section applies the same earning disregards and childcare charge protections to pension-age Housing Benefit claimants in Northern Ireland as were applied in Great Britain.
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( 31 ), after 'Scottish adult disability living allowance' insert ', child disability payment'.
This section updates the housing cost calculation rules for Employment and Support Allowance in Northern Ireland to include references to the Scottish child disability payment.
Amendment of the State Pension Regulations (Northern Ireland) 2015
- -(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;'.
This section modifies State Pension rules in Northern Ireland.
It allows Carer Support Payment to count toward National Insurance credits for military spouses, civil partners, and other carers, and recognizes Scottish Pension Age Disability Payment for credits if the claimant is living in Northern Ireland under specific cross-border rules.
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)( 34 ), in heads (bb) and (da), omit 'a person'.
This section makes a minor grammatical correction to the Universal Credit Regulations in Northern Ireland, removing redundant language in the provisions related to housing costs for renters.
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( 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'.
This section updates the 2016 Northern Ireland decision-making regulations for major benefits.
It ensures that the inclusion of carer benefits in the 'Scottish disability benefit' definition applies to the logic for superseding and revising benefit awards.
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