Skip to main content
Guidance

A7/2026: The Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026

Updated 4 August 2026

© Crown copyright 2026

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2026/a72026-the-social-security-scotland-act-2018-disability-and-carer-benefits-consequential-amendments-order-2026

Who should read

All Housing Benefit colleagues and wider if appropriate.

Action

For information.

Subject    

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

Guidance manual

The information in this circular does not affect the content of the Housing Benefit Guidance Manual.

Queries

For queries about the

Extra copies of this circular and copies of previous circulars can be found at Housing Benefit for local authorities: adjudication circulars.

Crown Copyright 2026.

Recipients may freely reproduce this circular.

Introduction

1. This circular provides information about The Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026 (SI 2026/679). SI 2026/679 was laid on 25 June 2026 and comes into force on 16 July 2026.

2. SI 2026/679 makes minor changes to The Housing Benefit Regulations 2006 (SI 2006/213), The Housing Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006 (SI 2006/214) and The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (SI 2001/1002).

3. The changes made by SI 2026/679 ensure that the Scottish Government’s Carer Support Payment, Carer’s Allowance Supplement, Young Carer Grant, Child Disability Payment, Adult Disability Payment, Pension Age Disability Payment and Scottish Adult Disability Living Allowance are treated in the same way as the benefits they have replaced and (where appropriate) disregard them as income.

Amendments to Housing Benefit Regulations

4. The following paragraphs provide more information about the amendments made by SI 2026/679.

The Housing Benefit Regulations 2006

5. The Housing Benefit Regulations 2006 are amended to ensure that certain working age couples continue to qualify for the childcare disregard where Adult Disability Payment temporarily ceases because the recipient is in hospital.

6. Pension Age Disability Payment is added to the list of qualifying benefits for the severe disability premium.

The Housing Benefit (persons who have attained the qualifying age for state pension credit) Regulations 2006

7. The Housing Benefit Regulations 2006 are amended to ensure that certain Working Age couples continue to qualify for the childcare disregard where Adult Disability Payment temporarily ceases because the recipient is in hospital.

8. Pension Age Disability Payment is added to the list of qualifying benefits for the severe disability premium.

9. The Adult Disability Payment is added to the list of qualifying benefits for the £20 earnings disregard.

The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

10. The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are amended so that Carer Support Payment, Pension Age Disability Payment and Scottish Adult Disability Living Allowance are qualifying benefits for Housing Benefit. This allows Housing Benefit decisions to be revised or superseded as appropriate where one of these benefits is later awarded, reinstated or increased.

Back to top