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The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022

S.I. 2022/990 · Made 23 September 2022

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.

This Statutory Instrument has been made to correct errors in S.I. 2022/344 and is being issued free of charge to all known recipients of that Statutory Instrument.

Social Security

Made 23rd September 2022

Laid before Parliament 27th September 2022

Coming into force 18th October 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 64(1), 70(4), 71(6), 123(1)(a) and (d), 137(2)(a) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992f1, sections 36(2) and (4)(a) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers Act 1995f2, section 1(5)(a) of the State Pension Credit Act 2002f3, section 25(2), (3) and (5)(a) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act 2007f4 and sections 4(5)(a), 42(2) and (3)(a), 77(3), 92(1) and 94(2) and (3)(a) of the Welfare Reform Act 2012f5.

In accordance with section 173(1)(b) of the Social Security Administration Act 1992f6 (“the Administration Act”), the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

In so far as Part 2 of these Regulations relates to housing benefit, the Secretary of State has consulted, in accordance with section 176(1)(a) of the Administration Act, with organisations appearing to the Secretary of State to be representative of the authorities concerned.

Annotations to the whole text

Footnotes

f1

1992 c. 4 (“the Contributions and Benefits Act”). See section 122(1) for the meaning given to “prescribe” and section 137(1) for the meaning given to “prescribed”.

f2

1995 c. 18. See section 35(1) for the meaning given to “regulations”.

f3

2002 c. 16. Section 175(3) and (4) of the Contributions and Benefits Act is applied by section 19(1). See section 17(1) for the meanings given to “prescribed” and “regulations”.

f4

2007 c. 5. See section 24(1) for the meaning given to “regulations”.

f5

2012 c. 5 (“the 2012 Act”). See sections 40 and 95 for the meaning given to “prescribed”.

f6

1992 c. 5.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation, commencement and extent
  3. Part 2: AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES AND SCOTLAND
  4. 2Amendments to income-related benefit legislation
  5. Part 3: AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES ONLY
  6. 3Amendments to disability and carers benefit legislation
  7. Part 4: AMENDMENTS TO THE SOCIAL SECURITY (HABITUAL RESIDENCE AND PAST PRESENCE) (AMENDMENT) REGULATIONS 2022
  8. 4Regulation 4
  9. Signature
  10. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 and come into force on 18th October 2022.

(2)

Part 2 extends to England and Wales and Scotlandf1.

(3)

Part 3 extends to England and Wales only.

(4)

With regard to Part 4, the amendments made by regulation 4 have the same extent as the respective provisions which they amend.

2Amendments to income-related benefit legislation

(1)

In the provisions specified in paragraph (2)—

(a)

at the end of paragraph (i) omit “or”;

(b)

at the end of paragraph (ii) insert “or”;

(c)

after paragraph (ii) insert—

“(iii)

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Actf1;”.

(2)

Those provisions are—

(a)

regulation 21AA(4)(zzc) of the Income Support (General) Regulations 1987f2;

(b)

regulation 85A(4)(zzc) of the Jobseeker’s Allowance Regulations 1996f3;

(c)

regulation 2(4)(zzc) of the State Pension Credit Regulations 2002f4;

(d)

regulation 10(3B)(zzc) of the Housing Benefit Regulations 2006f5;

(e)

regulation 10(4A)(zzc) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f6;

(f)

regulation 70(4)(zzc) of the Employment and Support Allowance Regulations 2008f7; and

(g)

regulation 9(4)(zc) of the Universal Credit Regulations 2013f8.

3Amendments to disability and carers benefit legislation

(1)

In the provisions specified in paragraph (2)—

(a)

at the end of paragraph (1)(e), for “or” substitute “; or”;

(b)

in paragraph (1)(f)—

(i)

for “or a right” substitute “, a right”;

(ii)

after “1971” insert “or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,”

(2)

Those provisions are—

(a)

regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976f1;

(b)

regulation 2C of the Social Security (Attendance Allowance) Regulations 1991f2;

(c)

regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991f3; and

(d)

regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013f4.

4

In the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022f1—

(a)

in regulation 2(2), for “paragraph (zzb)” substitute “sub-paragraph (zzb)”;

(b)

in regulation 3(2), for “paragraph (zb)” substitute “sub-paragraph (zb)”.

Signature

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

Victoria Prentis

Minister of State

Department for Work and Pensions

23rd September 2022

Explanatory note

(This note is not part of the Regulations)

Amendments made by the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344) (“the principal Regulations”) enable certain persons arriving from the Ukraine to access income-related benefits upon arrival in Great Britain and disability and carers benefits upon arrival in England and Wales, provided they meet the other relevant entitlement conditions.

These Regulations make further amendments so that persons who do not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of the Immigration Act 1971 (c. 77) but who would not fall within the categories already listed in the principal Regulations, notably Irish citizens, may access income-related benefits upon arrival in Great Britain from Ukraine (see Part 2) and disability and carers benefits upon arrival in England and Wales from Ukraine (see Part 3, in particular regulation 3(1)(b) and (2)).

Part 4 makes technical amendments to the principal Regulations and regulation 3(1)(a) makes a technical amendment to the provisions mentioned in regulation 3(2) correcting an error in the principal Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.