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The Social Security (Habitual Residence) (Amendment) Regulations 2014

S.I. 2014/902 · Made 2 April 2014

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 2nd April 2014

Laid before Parliament 8th April 2014

Coming into force 31st May 2014

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a) and (d), 135(1) and (2), 137(1) 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 the Jobseekers Act 1995f2, section 115(3), (4) and (7) of the Immigration and Asylum Act 1999f3, sections 1(5)(a), 17(1) and 19(1) of the State Pension Credit Act 2002f4, sections 4(3), 24 and 25(2) and (3) of the Welfare Reform Act 2007f5 and sections 30, 40, 42(1), (2) and (3) of, and paragraph 7 of Schedule 1 to, the Welfare Reform Act 2012f6.

In accordance with section 173(1)(b) of the Social Security Administration Act 1992f7, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it.

In respect of provisions relating to housing benefit, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concernedf8.

Annotations to the whole text

Footnotes

f1

1992 c.4; sections 123 and 137 are repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c.5) from a date to be appointed. Section 137(1) is cited because of the meaning given to the word “prescribed”. Section 175(1), (3) and (4) 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

1999 c.33.

f4

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

f5

2007 c.5; section 24 is cited because of the meaning given to the words “prescribed” and “regulations”.

f6

2012 c.5.

f7

1992 c.5.

f8

See section 176(1) of the Social Security Administration Act 1992 (c.5).

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 Employment and Support Allowance Regulations 2008
  8. 8Amendment of the Universal Credit Regulations 2013
  9. Signature
  10. Explanatory note

1Citation and Commencement

These Regulations may be cited as the Social Security (Habitual Residence) (Amendment) Regulations 2014 and shall come into force on 31st May 2014.

2Amendment of the Income Support (General) Regulations 1987

(1)

In Regulation 21AA(4) of the Income Support (General) Regulations 1987f1 (special cases: supplemental – persons from abroad) for sub-paragraphs (a) – (f) substitute—

“(za)

a qualified person for the purposes of regulation 6 of the Immigration (European Economic Area) Regulations 2006f2 as a worker or a self-employed person;

(zb)

a family member of a person referred to in sub-paragraph (za) within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations;

(zc)

a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;”

3Amendment of the Jobseeker’s Allowance Regulations 1996

In Regulation 85A(4) of the Jobseeker’s Allowance Regulations 1996f1 (special cases: supplemental – persons from abroad) for sub-paragraphs (a) – (f) substitute—

“(za)

a qualified person for the purposes of regulation 6 of the Immigration (European Economic Area) Regulations 2006 as a worker or a self-employed person;

(zb)

a family member of a person referred to in sub-paragraph (za) within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations;

(zc)

a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;”.

4Amendment of the State Pension Credit Regulations 2002

In Regulation 2(4) of the State Pension Credit Regulations 2002f1 (persons not in Great Britain) for sub-paragraphs (a) – (f) substitute—

“(za)

a qualified person for the purposes of regulation 6 of the Immigration (European Economic Area) Regulations 2006 as a worker or a self-employed person;

(zb)

a family member of a person referred to in sub-paragraph (za) within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations;

(zc)

a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;”.

5Amendment of the Housing Benefit Regulations 2006

In Regulation 10(3B) of the Housing Benefit Regulations 2006f1 (persons from abroad) for sub-paragraphs (a) – (f) substitute—

“(za)

a qualified person for the purposes of regulation 6 of the Immigration (European Economic Area) Regulations 2006 as a worker or a self-employed person;

(zb)

a family member of a person referred to in sub-paragraph (za) within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations;

(zc)

a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;”.

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

In Regulation 10(4A) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1 (persons from abroad) for sub-paragraphs (a) – (f) substitute—

“(za)

a qualified person for the purposes of regulation 6 of the Immigration (European Economic Area) Regulations 2006 as a worker or a self-employed person;

(zb)

a family member of a person referred to in sub-paragraph (za) within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations;

(zc)

a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;”.

7Amendment of the Employment and Support Allowance Regulations 2008

In Regulation 70(4) of the Employment and Support Allowance Regulations 2008f1 (special cases: supplemental – persons from abroad) for sub-paragraphs (a) – (f) substitute—

“(za)

a qualified person for the purposes of regulation 6 of the Immigration (European Economic Area) Regulations 2006 as a worker or a self-employed person;

(zb)

a family member of a person referred to in sub-paragraph (za) within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations;

(zc)

a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;”.

8Amendment of the Universal Credit Regulations 2013

In Regulation 92(1) of the Universal Credit Regulations 2013f1 (claimants subject to all work-related requirements – EEA jobseekers) for sub-paragraph (b) substitute—

“(b)

a person who is treated as a worker for the purposes of regulation 6(1)(b) of the EEA Regulations by reason of satisfying the conditions set out in regulation 6(2)(b) or regulation 6(2)(ba) of those Regulations;”.

Signature

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

Esther McVey

Minister of State

Department for Work and Pensions

2nd April 2014

Explanatory note

(This note is not part of the Regulation)

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) and the Employment and Support Allowance Regulations 2008 (S.I. 2008/794) (“the income-related benefit Regulations”).

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 people are exempt from this habitual residence test.

These Regulations amend some of the categories of person who are exempt from the habitual residence test. They are made in consequence of amendments made to the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003) by the Immigration (European Economic Area) (Amendment) (No.2) Regulations 2013 (S.I. 2013/3032) (together, “the Immigration Regulations”) which transpose Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. These Regulations ensure consistency between the income-related benefit Regulations and the Immigration Regulations.

These Regulations also amend Regulation 92 of the Universal Credit Regulations 2013 (S.I. 2013/376) in order to ensure consistency with the Immigration Regulations.

A full impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.