Eligibility

• There are different tests which apply depending on both:
  • the applicant’s nationality, and
  • the date on which they began living in their country of residence.
• The majority of applications are expected to be from UK nationals living in Scotland.
• UK nationals should be treated in the same way as European Economic Area (EEA) nationals if both of the following statements are true:
• they have been living abroad in another EEA member state or Switzerland since before 1 January 2021
• they have satisfied the conditions of the relevant settlement scheme in their country of residence.

If these two statements are true, then the individual is a member of the ‘protected cohort’ under the EU-UK Withdrawal Agreement. This group retains their rights under EU social security coordination rules despite EU exit. Individuals from EEA member states or Switzerland living in the UK become a member in the same way. See Personal scope of the EU social security coordination rules below.

• The EEA is comprised of the EU Member States plus Norway, Liechtenstein and Iceland. Switzerland is not in the EEA but the rules also apply there.
• The following countries are the member states of the EU:
  • Austria
  • Belgium
  • Bulgaria
  • Cyprus
  • Croatia
  • Czech Republic
  • Denmark (excluding the Faroe Islands)
  • Estonia
  • Finland (except the Alånd Islands)
  • France (including Corsica, Guadeloupe, Martinique, Reunion and French Guiana, but excluding Monaco)
  • Germany
  • Greece (including Crete and the Greek islands)
  • Hungary
  • Ireland
  • Italy (including Sicily, Sardinia and Elba, but excluding the Vatican City and San Marino)
  • Latvia
  • Lithuania
  • Luxembourg
  • Malta
  • Poland
  • Portugal (including Madeira and the Azores)
  • Romania
  • Slovakia
  • Slovenia
  • Spain (including the Balearic Islands, the Canary Islands and the Spanish enclaves of Ceuta and Melilla)
  • Sweden
  • The Netherlands (excluding the Dutch Antilles)
• If the individual is any of these:
  • a UK national
  • a national of a country which is not in the EEA, a ‘third country national’
  • a national of an EEA member state who is not in the ‘protected cohort’. See Personal Scope of the EU Coordination Rules below.
    
    then they must satisfy all of the following criteria (The Disability Assistance for Working Age People (Scotland) Regulations 2022, Reg 15 (1)):
  • they are ordinarily resident in Scotland;
  • they are also habitually resident in the Common Travel Area (CTA);
  • they are present in the CTA on the date their application is made;
  • on the date of their application they have been present in the CTA for at least 26 of the preceding 52 weeks.
  • They are not ‘subject to immigration control’.
• If the individual is either:
  • a national of an EEA member state or Switzerland and is in the protected cohort. See Personal scope of the EU Coordination Rules below.
  • a member of the family of an individual described above;
  • in some more rare and complex cases a third country national. then they must satisfy one of the following sets of criteria instead (Reg 20 (2)).
• EEA and Swiss nationals in the protected cohort and living in the UK must:
  • be habitually resident in the UK;
  • be ordinarily resident in Scotland; and
  • be subject to Title III of Part 2 the Withdrawal Agreement between the UK and the EU. See EU Exit and the Withdrawal Agreement below (Reg 19).
• Individuals who are in the protected cohort living in Europe must be:
  • habitually resident in the EEA or Switzerland; and
  • have a genuine and sufficient link to Scotland (Reg 20).
• Nationals of the Republic of Ireland or Gibraltar also benefit from UK international social security agreements These broadly replicate the terms of the EU rules.
• Individuals moving between Ireland and Scotland are therefore exempt from the requirement to be ordinarily resident in Scotland, if: (Reg 15 (3)):
  • they are habitually resident in the Republic of Ireland;
  • they have a Genuine and Sufficient Link to Scotland; and
  • a UK or Irish national.
    This means that individuals who live in Ireland can be eligible for ADP, as long as the UK remains the competent state for payment of that individual’s benefits (Reg 15 (3) (c) (ii)) .
• Individuals living in Scotland who have moved there from Gibraltar are exempt from the requirement to be present in the Common Travel Area for 25 of the past 52 weeks, as long as they are:
  • Ordinarily resident in Scotland
  • Habitually resident in the United Kingdom (Reg 19)
    These individuals can be of any nationality.
• Individuals living in Gibraltar can be eligible for ADP if:
  • they are habitually resident in Gibraltar; and
  • they have a genuine and sufficient link to Scotland (Reg 20).