At its meeting on 9 September 2025, the Committee considered the following instruments under its remit and agreed not to draw them to the attention of the Parliament.

Health, Social Care and Sport Committee

Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2025 (SSI 2025/239)

Social Justice and Social Security Committee

Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025 (SSI 2025/Draft) (Re-laid)

Rural Affairs and Islands Committee

Animal Products (Control of Personal Importation) (Scotland) Order 2025 (SSI 2025/230)

Offshore Fishing (Prohibition of Fishing Methods) (Scotland) Order 2025 (SSI 2025/240)

Scottish Parliament

Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2025 (SSI 2025/Draft)

• It has been agreed by the committee which would have been the lead committee (the Social Justice and Social Security Committee) that this instrument should be considered by the Parliament, due to a desire to allow the instrument to be considered on an expedited timescale. As such, it is understood that the Parliament, on a motion of the Parliamentary Bureau, will be asked to decide that the draft instrument is to be considered by the Parliament.

• The purpose of the instrument is to remove the habitual residence test and the past presence test where they apply to certain benefits, in respect of eligible individuals. Eligible individuals are those coming to Scotland from Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights following the escalation of violence between Israel and Iran in June 2025, and those granted leave to enter outside the immigration rules, on discretionary compassionate grounds. Eligible individuals will therefore be eligible for those benefits as soon as they arrive in Scotland, subject to all other entitlement conditions being met.

• The regulations remove those requirements in relation to:

  • Child Disability Payment

  • Adult Disability Payment

  • Pension Age Disability Payment

  • Scottish Adult Disability Living Allowance

  • Best Start Grants

  • Best Start Foods

  • Young Carer Grant

  • Carer Support Payment

• The Scottish Government has explained in its statement, made under section 97(9)(b) of the Social Security (Scotland) Act 2018, that equivalent changes have been made by the UK Government and that those changes came into force on 18 July 2025. It is therefore seeking to ensure that the gap between that date and the coming into force of the Scottish instrument is minimised.