OpenLegislation

Regulation 23A Refugees and certain persons with leave to enter or remain in the United KingdomF1F17

(1)

Regulation 16(b) does not apply in relation to a claim for personal independence payment where C has—

(a)

been granted refugee status or humanitarian protection under the immigration rules; F2...

(b)

leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

(F3c)

leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—

(i)

the Afghan Relocations and Assistance Policy; or

(ii)

the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);

(d)

been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c); F4...

(e)

leave granted under the Afghan Citizens Resettlement Scheme; F5F6...

(f)

leave to enter or remain in the United Kingdom granted under or outside the immigration rules F7, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 F8or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—

(i)

was residing in Ukraine immediately before 1st January 2022; and

(ii)

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; F9F10...

(g)

leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—

(i)

was residing in Sudan before 15th April 2023; and

(ii)

left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan.F11F12...

(h)

leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—

(i)

was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023; and

(ii)

left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack.

F13or

(i)

met conditions A to D.

  • Condition A

    The person was residing in a country or territory outside Northern Ireland immediately before His Majesty’s Government—

    1. (a)

      provided public information to advise British nationals to leave that country or territory, or

    2. (b)

      arranged the evacuation of British nationals from that country or territory.

  • Condition B

    The person has left that country or territory.

  • Condition C

    The person arrived in Northern Ireland in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.

  • Condition D

    The person—

    1. (a)

      has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

    2. (b)

      does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

    3. (c)

      has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or

    4. (d)

      has leave on a discretionary basis outside of rules made under section 3(2) of that Act; or

(F141A)

Regulation 16(c) shall not apply in relation to a claim for personal independence payment where F15any sub-paragraph in paragraph (1) applies to C.

(F161B)

Where paragraph 1(i) applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started.

(2)

For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.

Annotations

Textual amendments

F1

Reg. 23A inserted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/218), regs. 1(1), 15

F2

Word in reg. 23A(1)(a) omitted (25.9.2021) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/269), regs. 1, 4(3)(a)(4)

F3

Reg. 23A(1)(c)-(e) added (25.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/269), regs. 1, 4(3)(b)(4)

F4

Word in reg. 23A(1)(d) omitted (24.3.2022) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/149), regs. 1, 5(2)(a)

F5

Word in reg. 23A(1)(e) omitted (18.5.2023) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/80), regs. 1, 5(a)

F6

Reg. 23A(1)(f) and word added (24.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/149), regs. 1, 5(2)(b)

F7

Words in reg. 23A(1)(f) substituted (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/230), regs. 1, 3(1)(a)(2)(d)

F8

Words in reg. 23A(1)(f) inserted (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/230), regs. 1, 3(1)(b)(2)(d)

F9

Word in reg. 23A(1)(f) omitted (28.10.2023) by virtue of The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/184), regs. 1(1), 11(a)

F10

Reg. 23A(1)(g) and word added (18.5.2023) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/80), regs. 1, 5(b)

F11

Word in reg. 23A(1)(g) omitted (19.7.2025) by virtue of The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 14(1)(a)

F12

Reg. 23A(1)(h) and word inserted (28.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/184), regs. 1(1), 11(b)

F13

Reg. 23A(1)(i)(j) and word added (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 14(1)(b)

F14

Reg. 23A(1A) inserted (25.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/269), regs. 1, 4(8)

F15

Words in reg. 23A(1A) substituted (24.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/149), regs. 1, 5(3)

F16

Reg. 23A(1B) inserted (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 14(2)

F17

Reg. 23A heading substituted (25.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/269), regs. 1, 4(2)(4)