Explanatory note

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.