Regulation 23 Persons residing in an EEA state ... or in Switzerland to whom a relevant EU Regulation appliesF4

Regulation 16(a) to (c) does not apply in relation to entitlement to the daily living component of personal independence payment where on any day—

(a)

C is habitually resident in—

(i)

an EEA state F1..., or

(ii)

Switzerland;

F2(b)

a relevant EU Regulation—

(i)

applies to C; or

(ii)

applied to C on 31st December 2020 and C has been continuously in receipt of the daily living component of personal independence payment on and from that date, except where C has been habitually resident in the United Kingdom after 31st December 2020; and

(c)

C can demonstrate a genuine and sufficient link to the United KingdomF3....

Annotations

Textual amendments

F1: Words in reg. 23(a)(i) omitted (31.12.2020) by virtue of The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/129), reg. 1(2), Sch. para. 11(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F2: Reg. 23(b) substituted (10.12.2025) by The Social Security (Residence in an EEA State or Switzerland) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/183), regs. 1(1), 4
F3: Words in reg. 23(c) omitted (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/163), regs. 1, 5(b)
F4: Words in reg. 23 heading omitted (31.12.2020) by virtue of The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/129), reg. 1(2), Sch. para. 11(2)(a); 2020 c. 1, Sch. 5 para. 1(1)