Ordinary residence in Scotland

All individuals living in Scotland must be ordinarily resident in Scotland to be eligible for CSP, regardless of that individual’s nationality. 

Ordinary residence is established if: 

•  someone lives in a particular place for the time being;
• their stay is of a short or long duration;
• there is continuity in their stay apart from temporary or occasional absences;
• they live there lawfully; and
• they have decided to live there voluntarily

Ordinary residence has been defined by the courts over time rather than in legislation. It is a question of fact to be decided on the circumstances of each case whether and when ordinary residence has been established.

A person can have more than one ordinary residence at the same time if they genuinely live between two addresses. For example, a student may have a term-time address for study and a family home where they spend holidays.

CSP regulations prevent an individual from receiving CSP and Carer’s Allowance at the same time.

In cases where ordinary residence might be established at more than one address, including an address outwith Scotland, decision makers should check whether the individual has an ongoing Carer’s Allowance award or a pending application for Carer’s Allowance with the DWP or the Department for Communities in Northern Ireland.

When an individual has no fixed address, their intentions are important in considering where they are ordinarily resident; decision makers should consider where they intend to live, what steps they have taken in that regard, and what their address history suggests.

Examples of ordinary residence in Scotland

• Alice lives in Inverness. Alice is ordinarily resident in Scotland.
• Faye lives in Berwick-upon-Tweed and travels across the border into Scotland during the week each day for work. Faye is not ordinarily resident in Scotland. 
• Luke lives in Alnwick. He attends university in Edinburgh, where he lives in student accommodation during term time. Luke is ordinarily resident in both England and Scotland and can therefore qualify for CSP.
• Miriam lives in Carlisle, and travels daily across the border from England to Scotland to care for her sister Mary who lives in Gretna. Miriam never stays overnight and always returns to her home in Carlisle. Miriam is not ordinarily resident in Scotland and is not eligible for CSP, but might be eligible for Carer’s Allowance from the DWP.