The Scottish Government has no powers to change the laws or policies on immigration. This is reserved to UK Government and immigration status is established by the Home Office upon the person’s arrival in the UK. People who have come to Scotland from Ukraine under the Home Office schemes will have visa/immigration documentation which evidences their right to work and claim benefits upon their arrival in the UK.
For Social Security interests, the Department for Work and Pensions (DWP) removed certain residence-based qualifying conditions allowing these citizens to access the benefits system immediately upon arrival in the UK. DWP rules allow people coming to the UK from Ukraine under certain Home Office routes to be exempt from Habitual Residence and Past Presence Tests to enable them to access benefits upon arrival in the UK.
In order to ensure parity of access to benefits for the Ukrainian people coming to Scotland under the schemes upon arrival, Scottish Ministers passed emergency Social Security Scotland legislation which came into force on 22 March 2022. This means that, provided they meet the other entitlement conditions, they can access Scottish social security benefits from day one, such as Scottish Child Payment and Child Disability Payment
Support for people seeking employment, in terms of support into work and access to benefits such as Universal Credit remain overseen by the UK Government at the DWP. Details of these benefits and how to apply can be found on UK benefits page. Income related benefits in relation to children such as Child Benefit and Child Tax Credit are also overseen by the UK Government, at Her Majesty’s Revenue and Customs (HMRC).
From 2018, the UK Government started to pass the powers to deliver benefits to the Scottish Government. We now deliver several benefits, and are working to continue delivering more benefits in Scotland as they are transferred from UK Government.
Some of these changes mean that if a person receives income related benefits from the UK Government (paid by the DWP) and the person resides in Scotland, they could also qualify for extra benefits or payments which are paid by the Scottish Government in addition to the DWP benefits. These include Scottish Child Payment and Best Start Foods. Details of these benefits and how to apply can be found on our grants and benefits page
From November 2021 the Scottish Government started to take control of the administration of disability benefits in Scotland and launched Child Disability Payment, which is a payment to provide support for the extra costs which a disabled child may have.
Adult Disability Payment was rolled out nationally in August 2022. This is a payment to support working aged disabled people, with a long-term health condition or a terminal illness, with additional living costs associated with their condition. Those who do not already receive Personal Independence Payment or Disability Living Allowance through DWP can apply for disability assistance from Social Security Scotland.
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