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Regulation 2A Persons residing in Great Britain to whom a relevant EU Regulation appliesF1

(1)

Regulation 2(1)(a)(iii) shall not apply where on any day—

(a)

the person is habitually resident in Great Britain;

(b)

a relevant EU Regulation applies; and

(c)

the person can demonstrate a genuine and sufficient link to the United Kingdom F2....

(2)

For the purposes of paragraph (1)(b) and regulation 2B, “relevant EU Regulation” has the meaning given by section 84(2) of the Welfare Reform Act 2012.

Annotations

Textual amendments

F1

Reg. 2A - Reg. 2B inserted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(4)

F2

Words in reg. 2A(1)(c) omitted (E.W.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations 2024 (S.I. 2024/936), regs. 1(1), 3(2); (S.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/241), regs. 1(1), 3(2)

Notes on the whole SI

Textual amendments

F1

1975 c.14. Section 35(1) was amended by section 2(1) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) (“the 1991 Act”). Subsection (2) was amended by section 2(2) of the Social Security Act 1979 (c.18) (“the 1979 Act”) and section 10 of and Schedule 4 to the 1979 Act. Subsection (2A) was inserted by section 2(3) and (6) of the 1979 Act. Subsection (4A) was inserted by paragraph 8 of Schedule 1 to the Social Security Act 1980 (c.30). Schedule 20 is cited for the meaning it ascribes to the words “prescribed” and “regulations”.

F2

See the Social Security Act 1980 (c.30), section 10 and paragraph 12(3) of Schedule 3.