Regulation 2 Amendment of income-related benefit legislation

(1)

The provisions specified in paragraph (4) are amended as follows.

(2)

Before sub-paragraph (za) insert—

“(zza)
a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971^f1, where such leave is granted by virtue of—

(i)
the Afghan Relocations and Assistance Policy; or

(ii)
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);

(zzb)
a person in Great Britain not coming within sub-paragraph (zza) or (h)(iv) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;”.

(3)

In sub-paragraph (h)—

(a)

at the end of (ii), omit “or”;

(b)

after (iii) insert—

“or

(iv)
granted under the Afghan Citizens Resettlement Scheme^f2;”;

(4)

Those provisions are—

(a)

regulation 21AA(4) of the Income Support (General) Regulations 1987^f3;

(b)

regulation 85A(4) of the Jobseeker’s Allowance Regulations 1996^f4;

(c)

regulation 2(4) of the State Pension Credit Regulations 2002^f5;

(d)

regulation 10(3B) of the Housing Benefit Regulations 2006^f6;

(e)

regulation 10(4A) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006^f7; and

(f)

regulation 70(4) of the Employment and Support Allowance Regulations 2008^f8.

Annotations

Footnotes

f1: 1971 c. 77. See Part 7 of the Immigration Rules. The scheme is contained in Rules 276BA1- 276BS2.
f2: https://www.gov.uk/guidance/afghan-citizens-resettlement-scheme.
f3: S.I. 1987/1967. Regulation 21AA is inserted by S.I. 2006/1026. Relevant amendments are made by S.I. 2006/2528, 2009/362, 2013/2536, 2014/902, 2019/872 and 2020/683 and 1309.
f4: S.I. 1996/207. Regulation 85A is inserted by S.I. 2006/1026. Relevant amendments are made by S.I. 2006/2528, 2009/362, 2013/2536, 2014/902, 2019/872 and 2020/683 1309.
f5: S.I. 2002/1792. Regulation 2 is substituted by S.I. 2006/1026. Relevant amendments are made by S.I. 2006/2528, 2009/362, 2013/2536, 2014/902, 2019/872 and 2020/683 and 1309.
f6: S.I. 2006/213. Relevant amendments are made by S.I. 2006/1026 and 2528, 2009/362, 2013/2536, 2014/902, 2019/872 and 2020/683 and 1309.
f7: S.I. 2006/214. Relevant amendments are made by S.I. 2006/1026 and 2528, 2009/362, 2013/2536, 2014/902, 2019/872 and 2020/683 and 1309.
f8: S.I. 2008/794. Relevant amendments are made by S.I. 2009/362, 2013/630 and 2536, 2014/902, 2019/872 and 2020/683 and 1309.