OpenLegislation

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 purpose 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 Carers Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(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), 4(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), 4(2)

Notes on the whole SI

Textual amendments

F1

1991 c.21 .

F2

1975 c.14 . Sections 37ZA–37ZE were inserted in the Social Security Act 1975, by the Disability Living Allowance and Disability Working Allowance Act 1991; section 166 was amended by the Social Security Act 1989 (c.24) Schedule 8, paragraph 10(1); subsection (3A) was inserted in section 166 by the Social Security Act 1986 (c.50) , section 62(1) ; Schedule 20 is cited because of the meaning it ascribes to the words “Prescribed” and “Regulations”, and for the enabling power contained within the meaning of the word “Child”, which was inserted by the Child Benefit Act 1975 (c.61) , Schedule 4 , paragraph 38 .

F3

1977 c.5 ; section 13 was amended by the Social Security Act 1979 (c.18) Schedule 3, paragraph 29(c) and the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) , section 4 , Schedule 2 , paragraph 8 .