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The Social Security (Bulgaria and Romania) Amendment Regulations 2006

S.I. 2006/3341 · Made 14 December 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 14th December 2006

Laid before Parliament 15th December 2006

Coming into force 1st January 2007

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a), (d) and (e), 131(3)(b), 135(1) and (2), 137(1) and (2) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992f1, sections 4(5) and (12), 35(1) and 36(2) of, and paragraph 11 of Schedule 1 to, the Jobseekers Act 1995f2 and sections 1(5)(a) and 17(1) of the State Pension Credit Act 2002f3.

He has consulted with organisations which appear to him to be representative of the authorities concerned with these Regulations in so far as they relate to housing benefit and council tax benefitf4.

The Social Security Advisory Committee has agreed that the proposals to make these Regulations should not be referred to itf5.

Annotations to the whole text

Footnotes

f1

1992 c.4; sections 123, 131, 135 and 137 were amended, with respect to council tax benefit, by Schedule 9 to the Local Government Finance Act 1992 (c.14), paragraphs 1(1), 4, 8 and 9. Section 137(1) is cited because of the meaning given to the word “prescribed”. Section 175(1) and (3) is applied to provisions of the State Pension Credit Act 2002 (c.16) by section 19(1) of that Act.

f2

1995 c.18; section 35(1) is cited because of the meaning given to the words “applicable amount”, “prescribed” and “regulations”.

f3

2002 c.16; section 17(1) is cited because of the meaning given to the word “regulations”.

f4

See section 176(1) of the Social Security Administration Act 1992 (c.5) which was amended by paragraph 23 of Schedule 9 to the Local Government Finance Act 1992 (c.14).

f5

See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c.5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 (c.18) and paragraph 20 of Schedule 2 to the State Pension Credit Act 2002 (c.16) added those Acts respectively to the list of “the relevant enactments” in respect of which regulations must normally be referred to the Committee.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Income Support (General) Regulations 1987
  3. 3Amendment of the Jobseeker’s Allowance Regulations 1996
  4. 4Amendment of the State Pension Credit Regulations 2002
  5. 5Amendment of the Housing Benefit Regulations 2006
  6. 6Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  7. 7Amendment of the Council Tax Benefit Regulations 2006
  8. 8Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  9. Signature
  10. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Bulgaria and Romania) Amendment Regulations 2006 and shall come into force on 1st January 2007 (immediately after the Accession (Immigration and Worker Authorisation) Regulations 2006f1 come into force).

2Amendment of the Income Support (General) Regulations 1987

(1)

The Income Support (General) Regulations 1987f1 are amended as follows.

(2)

In regulation 21AA(4) (special cases: supplemental – persons from abroad), for sub-paragraph (f) substitute—

“(f)

a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006f2 pursuant to—

(i)

regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004f3 (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”), or

(ii)

regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006f4 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);”.

3Amendment of the Jobseeker’s Allowance Regulations 1996

(1)

The Jobseeker’s Allowance Regulations 1996f1 are amended as follows.

(2)

In regulation 85A(4) (special cases: supplemental – persons from abroad), for sub-paragraph (f) substitute—

“(f)

a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—

(i)

regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004f2 (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”), or

(ii)

regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006f3 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);”.

4Amendment of the State Pension Credit Regulations 2002

(1)

The State Pension Credit Regulations 2002f1 are amended as follows.

(2)

In regulation 2(4) (persons not in Great Britain), for sub-paragraph (f) substitute—

“(f)

a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—

(i)

regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004f2 (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”), or

(ii)

regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006f3 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);”.

5Amendment of the Housing Benefit Regulations 2006

(1)

The Housing Benefit Regulations 2006f1 are amended as follows.

(2)

In regulation 10(3B) (persons from abroad), for sub-paragraph (f) substitute—

“(f)

a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—

(i)

regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004f2 (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”), or

(ii)

regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006f3 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);”.

6Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1 are amended as follows.

(2)

In regulation 10(4A) (persons from abroad), for sub-paragraph (f) substitute—

“(f)

a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—

(i)

regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004f2 (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”), or

(ii)

regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006f3 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);”.

7Amendment of the Council Tax Benefit Regulations 2006

(1)

The Council Tax Benefit Regulations 2006f1 are amended as follows.

(2)

In regulation 7(4A) (persons from abroad), for sub-paragraph (f) substitute—

“(f)

a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—

(i)

regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004f2 (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”), or

(ii)

regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006f3 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);”.

8Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1)

The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1 are amended as follows.

(2)

In regulation 7(4A) (persons from abroad), for sub-paragraph (f) substitute—

“(f)

a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—

(i)

regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004f2 (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”), or

(ii)

regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006f3 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);”.

Signature

Signed by authority of the Secretary of State for Work and Pensions.

James Plaskitt

Parliamentary Under-Secretary of State,

Department for Work and Pensions

14th December 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), the Council Tax Benefit Regulations 2006 (S.I. 2006/215) and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216) (“the income-related benefit regulations”) in consequence of the accession to the European Union on 1st January 2007 of Bulgaria and Romania.

The income-related benefit regulations provide that a claimant is ineligible for benefit where he or she is a “person from abroad” or, in the case of state pension credit, a “person not in Great Britain”. A person is a person from abroad or a person not in Great Britain if he or she is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. No person shall be treated as habitually resident without a relevant right to reside in the place where he or she is habitually resident. However, certain categories of persons are exempt from this habitual residence test.

These Regulations insert a new category of persons who are exempt from the habitual residence test, namely nationals of Bulgaria and Romania who are subject to the worker authorisation scheme established by the Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317) and who are treated as workers pursuant to those Regulations. This adds to the exemption category, inserted on 1st May 2004, for nationals of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who are subject to the worker registration scheme and who are treated as workers pursuant to the Accession (Immigration and Worker Registration) Regulations 2004 (S.I. 2004/1219).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or voluntary bodies.