Regulation 2B Persons residing in an EEA state ... or in Switzerland to whom a relevant EU Regulation appliesF1F5
England, Wales and Scotland
Regulation 2(1)(a)(i) to (iii) shall not apply in relation to the care component where on any day—
a relevant EU Regulation—
applies to the person; or
except where the person has been habitually resident in the United Kingdom after 31st December 2020, applied to the person on 31st December 2020 and they have been continuously in receipt of the care component of disability living allowance on and from that date; and
the person can demonstrate a genuine and sufficient link to the United Kingdom F4....
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. 2B(a)(i) omitted (31.12.2020) by virtue of The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), reg. 1(2), Sch. para. 7(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Reg. 2B(b) substituted (E.W.) (10.12.2025) by The Social Security (Residence in an EEA State or Switzerland) (Amendment) Regulations 2025 (S.I. 2025/1198), regs. 1(1), 3; and substituted (S.) (1.4.2026) by The Social Security (Residence in an EEA State or Switzerland) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/415), regs. 1(1), 3
- F4
Words in reg. 2B(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(3); (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(3)
- F5
Words in reg. 2B title omitted (31.12.2020) by virtue of The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), reg. 1(2), Sch. para. 7(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
Notes on the whole SI
Textual amendments
- F1
- 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 .