On 17 November 2025 the Department for Work and Pensions made the Social Security (Residence in an EEA State or Switzerland) (Amendment) Regulations 2025 (SI 2025/1198), laid before Parliament on 18 November and commencing on 10 December 2025. The instrument extends to England and Wales.
SI 2025/1198 amends three sets of regulations to preserve payment of certain carer and disability benefits for people resident in an EEA state or Switzerland under defined continuity conditions. It substitutes paragraph (b) in regulation 9B of the Social Security (Invalid Care Allowance) Regulations 1976, paragraph (b) in regulation 2B of the Social Security (Disability Living Allowance) Regulations 1991, and paragraph (b) in regulation 23 of the Social Security (Personal Independence Payment) Regulations 2013.
Across those provisions the test now has two routes. The first applies where a relevant EU social security co‑ordination regulation currently applies to the person. The second secures continuity where that regulation applied on 31 December 2020 and the person has been continuously in receipt of the specified benefit from that date, provided they have not been habitually resident in the United Kingdom on or after that date.
The scope is tightly defined. The benefits covered are carer’s allowance, the care component of disability living allowance and the daily living component of personal independence payment. Mobility components are not included in this instrument and remain subject to existing export rules.
The continuity requirement is strict. Awards must have run without interruption since 31 December 2020. If entitlement ended or was suspended and later re‑established, the amended provisions do not create a basis to restart export payments. The effect is to confirm the lawfulness of continuing to pay awards that were already in payment on that date, subject to the other conditions.
The habitual residence limb is a further gate. A person who became habitually resident in the United Kingdom at any point after 31 December 2020 cannot use the continuity route. Short visits in themselves do not necessarily amount to habitual residence; decision‑makers will apply established case law to the facts of each case.
These changes sit alongside earlier amendments made in 2024 which removed the ‘genuine and sufficient link to the United Kingdom social security system’ wording from the equivalent EEA/Swiss provisions. The new instrument focuses on post‑transition continuity and does not widen eligibility beyond those already in scope under EU co‑ordination rules at the end of 2020.
The regulations do not open a route for new claims. They provide a clear statutory basis to continue paying carer’s allowance, DLA care and PIP daily living where entitlement has been continuous since 31 December 2020 and the person has remained outside UK habitual residence after that date.
Territorially the instrument applies in England and Wales. Disability benefits are now largely devolved in Scotland, and individuals with Scottish disability awards should refer to Social Security Scotland rules rather than these amendments.
Stephen Timms, Minister of State for Work and Pensions, signed the instrument on 17 November 2025. According to the Explanatory Note, the Social Security Advisory Committee agreed that the proposals need not be referred to it, and no full impact assessment has been produced.
For advisers and decision‑makers, assessments should confirm residence in an EEA state or Switzerland, verify that a relevant EU regulation applied on 31 December 2020, and ensure uninterrupted payment of the specified component from that date with no later habitual residence in the UK. Decisions taken on or after 10 December 2025 should apply these amended tests.