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The Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996

S.R. 1996/11 · Made 15 January 1996 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 28 November 2016.

SOCIAL SECURITY

HOUSING

RATES

Made 15th January 1996

Coming into operation 5th February 1996

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 64(1), 68(4)(c)(i), 70(4), 71(6), 122(1), 129(1) and (2), 131(1) and 133(2)(a) and (i) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and section 5(1)(s) of the Social Security Administration (Northern Ireland) Act 1992f2 and of all other powers enabling it in that behalf, with the consent of the Department of the Environment for Northern Irelandf3 in so far as relates to regulations 5 and 11 of these Regulations, and after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to itf4, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 7

f2

1992 c. 8

f3

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8))

f4

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Social Security (Invalid Care Allowance) Regulations
  3. 3Amendment of the Social Security (Severe Disablement Allowance) Regulations
  4. 4Amendment of the Income Support (General) Regulations
  5. 5Amendment of the Housing Benefit (General) Regulations Repealed
  6. 6Amendment of the Family Credit (General) Regulations
  7. 7Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations Repealed
  8. 8Amendment of the Social Security (Attendance Allowance) Regulations
  9. 9Amendment of the Social Security (Disability Living Allowance) Regulations
  10. 10Amendment of the Disability Working Allowance (General) Regulations
  11. 11Saving
  12. Signature
  13. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 and shall come into operation on 5th February 1996.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to a Measure of the Assembly.

2Amendment of the Social Security (Invalid Care Allowance) RegulationsI1

In regulation 9 of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976f1 (conditions relating to residence and presence in Northern Ireland)—

(a)

in paragraph (1) after sub-paragraph (a) there shall be inserted the following sub-paragraph—

“(aa)

subject to paragraph (1A), his right to reside or remain in Northern Ireland is not subject to any limitation or condition; and”;

(b)

after paragraph (1) there shall be inserted the following paragraph—

“(1A)

For the purposes of paragraph (1)(aa), a person’s right to reside or remain in Northern Ireland is not to be treated as if it were subject to a limitation or condition if—

(a)

he is a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951f2, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967f3;

(b)

he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971f4 to remain in the United Kingdom by the Secretary of State;

(c)

he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993f5; or

(d)

he is a person who is—

(i)

lawfully working in Northern Ireland and is a national of a State with which the European Community has concluded an Agreement under Article 238f6 of the Treaty establishing the European Communityf7 providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or

(ii)

a member of the family of, and living with, such a person.”.

3Amendment of the Social Security (Severe Disablement Allowance) RegulationsI1

In regulation 3 of the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984f1 (conditions relating to residence and presence)—

(a)

in paragraph (1)(a) after head (i) there shall be inserted the following head—

“(ia)

subject to paragraph (1A), his right to reside or remain in Northern Ireland is not subject to any limitation or condition,”;

(b)

after paragraph (1) there shall be inserted the following paragraph—

“(1A)

For the purposes of paragraph (1)(a)(ia), a person’s right to reside or remain in Northern Ireland is not to be treated as if it were subject to a limitation or condition if—

(a)

he is a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

(b)

he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 to remain in the United Kingdom by the Secretary of State;

(c)

he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; or

(d)

he is a person who is—

(i)

lawfully working in Northern Ireland and is a national of a State with which the European Community has concluded an Agreement under Article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or

(ii)

a member of the family of, and living with, such a person.”.

4Amendment of the Income Support (General) RegulationsI1

(1)

The Income Support (General) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with paragraphs (2) to (4).

(2)

In regulation 21(3) (special cases) in the first definition of “person from abroad” after paragraph (h)f2 there shall be added the following paragraphs—

“(i)

has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking given by another person in writing in pursuance of immigration rules within the meaning of the 1971 Act, to be responsible for his maintenance and accommodation; and he has not been resident in the United Kingdom for a period of at least 5 years beginning with the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; or

(j)

while he is a person to whom any of the definitions in paragraphs (a) to (i) of this definition applies, submits a claim to the Secretary of State, which is not finally determined, for asylum under the Conventionf3.”.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Amendment of the Housing Benefit (General) RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Amendment of the Family Credit (General) RegulationsI1

In regulation 3 of the Family Credit (General) Regulations (Northern Ireland) 1987f1 (circumstances in which a person is treated as being or as not being in Northern Ireland)—

(a)

in paragraph (1) after sub-paragraph (a) there shall be inserted the following sub-paragraph—

“(aa)

subject to paragraph (1A), his right to reside or remain in Northern Ireland is not subject to any limitation or condition;”;

(b)

after paragraph (1) there shall be inserted the following paragraph—

“(1A)

For the purposes of paragraph (1)(aa), a person’s right to reside or remain in Northern Ireland is not to be treated as if it were subject to a limitation or condition if—

(a)

he is a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

(b)

he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 to remain in the United Kingdom by the Secretary of State;

(c)

he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; or

(d)

he is a person who is—

(i)

lawfully working in Northern Ireland and is a national of a State with which the European Community has concluded an Agreement under Article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or

(ii)

a member of the family of, and living with, such a person.”.

7Amendment of the Social Security (Payments on account, Overpayments and Recovery) RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Amendment of the Social Security (Attendance Allowance) RegulationsI1

In regulation 2 of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992f1 (conditions as to residence and presence in Northern Ireland)—

(a)

in paragraph (1)(a) after head (i) there shall be inserted the following head—

“(ia)

subject to paragraph (1A), his right to reside or remain in Northern Ireland is not subject to any limitation or condition,”;

(b)

after paragraph (1) there shall be inserted the following paragraph—

“(1A)

For the purposes of paragraph (1)(a)(ia), a person’s right to reside or remain in Northern Ireland is not to be treated as if it were subject to a limitation or condition if—

(a)

he is a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

(b)

he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 to remain in the United Kingdom by the Secretary of State;

(c)

he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

(d)

he is a person who is—

(i)

lawfully working in Northern Ireland and is a national of a State with which the European Community has concluded an Agreement under Article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or

(ii)

a member of the family of, and living with, such a person; or

(e)

he is a person in respect of whom there is an order under section 155 of the Social Security Administration (Northern Ireland) Act 1992 giving effect to a reciprocal agreement which, for the purposes of attendance allowance, has the effect that periods of residence or presence in another country are to be treated as periods of residence or presence in Northern Ireland.”.

9Amendment of the Social Security (Disability Living Allowance) RegulationsI1

In regulation 2 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992f1 (conditions as to residence and presence in Northern Ireland)—

(a)

in paragraph (1)(a) after head (i) there shall be inserted the following head—

“(ia)

subject to paragraph (1A), his right to reside or remain in Northern Ireland is not subject to any limitation or condition,”;

(b)

after paragraph (1) there shall be inserted the following paragraph—

“(1A)

For the purposes of paragraph (1)(a)(ia), a person’s right to reside or remain in Northern Ireland is not to be treated as if it were subject to a limitation or condition if—

(a)

he is a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

(b)

he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 to remain in the United Kingdom by the Secretary of State;

(c)

he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

(d)

he is a person who is—

(i)

lawfully working in Northern Ireland and is a national of a State with which the European Community has concluded an Agreement under Article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or

(ii)

a member of the family of, and living with, such a person; or

(e)

he is a person in respect of whom there is an order under section 155 of the Administration Act giving effect to a reciprocal agreement which, for the purposes of disability living allowance, has the effect that periods of residence or presence in another country are to be treated as periods of residence or presence in Northern Ireland.”.

10Amendment of the Disability Working Allowance (General) RegulationsI1

In regulation 5 of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992f1 (circumstances in which a person is treated as being or as not being in Northern Ireland)—

(a)

in paragraph (1) after sub-paragraph (a) there shall be inserted the following sub-paragraph—

“(aa)

subject to paragraph (1A), his right to reside or remain in Northern Ireland is not subject to any limitation or condition;”;

(b)

after paragraph (1) there shall be inserted the following paragraph—

“(1A)

For the purposes of paragraph (1)(aa), a person’s right to reside or remain in Northern Ireland is not to be treated as if it were subject to a limitation or condition if—

(a)

he is a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

(b)

he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 to remain in the United Kingdom by the Secretary of State;

(c)

he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; or

(d)

he is a person who is—

(i)

lawfully working in Northern Ireland and is a national of a State with which the European Community has concluded an Agreement under Article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or

(ii)

a member of the family of, and living with, such a person.”.

11SavingI1

(F11)

Where, before the coming into operation of these Regulations, a person who becomes an asylum seeker under regulation 70(3A)(a) of the Income Support Regulations or regulation 7A(5)(a)(i) of the Housing Benefit Regulations is entitled to benefit under any of those Regulations, those provisions of those Regulations shall have effect as if regulation 4(2) and (3)(b)(i) or 5(a) and (b) of these Regulations had not been made.

(2)

Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In this regulation—

  • “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987;

  • “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987.

Signature

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

W. G. Purdy

Assistant Secretary

15th January 1996.

The Department of the Environment for Northern Ireland hereby consents to regulations 5 and 11 of the foregoing Regulations.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on

L.S.

R. E. Aiken

Assistant Secretary

15th January 1996.

Explanatory note

(This note is not part of the Regulations.)

These Regulations further amend the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976, the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984, the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Family Credit (General) Regulations (Northern Ireland) 1987, the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988, the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992, the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 and the Disability Working Allowance (General) Regulations (Northern Ireland) 1992.

The Regulations exclude a person from entitlement to certain non-contributory benefits if his right to reside or remain in Northern Ireland is subject to any limitation or condition (regulations 2, 3, 6, 8, 9 and 10); make provision regarding interim payments in the course of an appeal (regulation 7); make provision in respect of asylum seekers and sponsored immigrants who, except in certain circumstances, are denied income related benefits (regulations 4 and 5) and make savings provision (regulation 11).

In so far as these Regulations are required, for the purposes of regulations 5 and 11, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), (“the 1992 Act”), after agreement by the Social Security Advisory Committee they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise these Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.