The Department for Communities has introduced a targeted statutory rule to clarify when three disability and carer benefits may continue to be paid to people living in an EEA state or Switzerland. The Social Security (Residence in an EEA State or Switzerland) (Amendment) Regulations (Northern Ireland) 2025 protects a small, identified cohort and mirrors the approach adopted for Great Britain.
The rule comes into operation on 10 December 2025. From that date, continuity of payment will be determined by a claimant’s position on 31 December 2020 and whether entitlement has been maintained without interruption from that point.
Eligibility rests on two alternative bases set out in the instrument. First, where a “relevant EU Regulation” still applies to the person. Second, where such a Regulation applied on 31 December 2020 and the person has been continuously in receipt of the benefit from that date, except where they have been habitually resident in the UK at any time after 31 December 2020. In practice, this preserves payments for those who were within EU social security coordination rules at the end of the transition period.
The measures apply only to Carer’s Allowance, the care component of Disability Living Allowance, and the daily living component of Personal Independence Payment. The mobility component of DLA or PIP is not included in this instrument. The Department for Communities’ screening note confirms that the change is designed to provide legal certainty for a small group living in the EEA or Switzerland who were already receiving these benefits.
This is not a route for new claims from abroad. It provides a statutory basis to continue paying existing awards that meet the conditions, replacing the extra‑statutory arrangements used for this cohort since EU exit. The Department’s equality screening states that payments to this group have been made administratively and are now being placed on a legal footing.
Two terms in the text matter operationally. “Continuously in receipt” indicates there must be no gap in entitlement from 31 December 2020 onward; any break could end protection. “Habitually resident in the UK after 31 December 2020” signals that a subsequent return to UK habitual residence disapplies the export rule, even if the person later moved back overseas. Caseworkers should be ready to examine award histories and residence evidence across these dates.
The instrument amends the existing benefit regulations to insert this protection: regulation 9B of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 for Carer’s Allowance, regulation 2B of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 for DLA (care), and regulation 23 of the Personal Independence Payment Regulations (Northern Ireland) 2016 for PIP (daily living). The structure aligns with Great Britain’s companion instrument, ensuring a UK‑wide, consistent approach to legacy EU‑coordination cases.
The Department’s screening document describes the affected population as small and confirms the policy intention is continuity, not expansion. It also records that operational guidance will be issued to staff, which should clarify evidence standards for demonstrating continuous receipt and the treatment of any past suspensions or changes within an award.
For advisers and administrators, immediate actions are straightforward: identify whether the claimant held the relevant award on 31 December 2020; check for uninterrupted entitlement since then; and confirm there has been no period of habitual residence in the UK after that date. Where those conditions are met, payment of Carer’s Allowance, DLA (care) or PIP (daily living) can continue while the person resides in an EEA state or Switzerland, subject to the usual benefit rules in Northern Ireland.