# The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 S.I. 2022/990 · made 23 September 2022 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. Made under: Social Security Contributions and Benefits Act 1992 (Section 64, Section 70, Section 71, Section 123, Section 137, Section 175); Jobseekers Act 1995 (Section 36, Schedule 1 paragraph 11); State Pension Credit Act 2002 (Section 1); Welfare Reform Act 2007 (Section 25, Schedule 2 paragraph 5); Welfare Reform Act 2012 (Section 4, Section 42, Section 77, Section 92, Section 94); Social Security Administration Act 1992 PDFs: Printed copy https://openlegislation.uk/social-security-habitual-residence-and-past-presence-amendment-no-2-regulations-2022/pdf/uksi_20220990_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/social-security-habitual-residence-and-past-presence-amendment-no-2-regulations-2022/pdf/uksiem_20220990_en.pdf ## Introductory text 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 1992, sections 36(2) and (4)(a) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers Act 1995, section 1(5)(a) of the State Pension Credit Act 2002, section 25(2), (3) and (5)(a) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act 2007 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 2012. In accordance with section 173(1)(b) of the Social Security Administration Act 1992 (“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. ## Part 1: PRELIMINARY ## 1 Citation, 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 Scotland. (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. ## Part 2: AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES AND SCOTLAND ## 2 Amendments 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 Act;”. (2) Those provisions are— (a) regulation 21AA(4)(zzc) of the Income Support (General) Regulations 1987; (b) regulation 85A(4)(zzc) of the Jobseeker’s Allowance Regulations 1996; (c) regulation 2(4)(zzc) of the State Pension Credit Regulations 2002; (d) regulation 10(3B)(zzc) of the Housing Benefit Regulations 2006; (e) regulation 10(4A)(zzc) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; (f) regulation 70(4)(zzc) of the Employment and Support Allowance Regulations 2008; and (g) regulation 9(4)(zc) of the Universal Credit Regulations 2013. ## Part 3: AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES ONLY ## 3 Amendments 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 1976; (b) regulation 2C of the Social Security (Attendance Allowance) Regulations 1991; (c) regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991; and (d) regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013. ## Part 4: AMENDMENTS TO THE SOCIAL SECURITY (HABITUAL RESIDENCE AND PAST PRESENCE) (AMENDMENT) REGULATIONS 2022 ## 4 In the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022— (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. --- Source: https://www.legislation.gov.uk/uksi/2022/990 (the official version) Page: https://openlegislation.uk/social-security-habitual-residence-and-past-presence-amendment-no-2-regulations-2022 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.