Regulation 17 Amendments to the Social Security (Habitual Residence) Amendment Regulations 2004

Regulation 6 of the Social Security (Habitual Residence) Amendment Regulations 2004^f1 (transitional arrangements and savings) is amended as follows—

(a)

after paragraph (1)(c) add–

“(ca)
to whom sub-paragraph (c) applied, claims an employment and support allowance and it is subsequently determined that he is entitled to that benefit, and this entitlement is linked to a previous period of entitlement by virtue of regulation 145(1) of the Employment and Support Allowance Regulations (linking rules);”;

(b)

in paragraph (2)–

(i)

after sub-paragraph (c) omit “and”, and

(ii)

after sub-paragraph (d) add–

“; and

(e)
regulation 70(2) to (4) of the Employment and Support Allowance Regulations (special cases: supplemental – persons from abroad) does not apply.”; and

(c)

for paragraph (4) substitute–

“(4)
In this regulation—

(a)
“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008^f2; and

(b)
“specified benefit” means income support, housing benefit, council tax benefit, jobseeker’s allowance, state pension credit and employment and support allowance.”.

Annotations

Footnotes

f1: S.I. 2004/1232. These Regulations were partially revoked by S.I. 2006/217 but the transitional arrangements and savings in regulation 6 continued in force (with the exception of paragraph (2)(a)) following the partial revocation of the instrument of S.I. 2006/217. S.I. 2004/1232 was then revoked by S.I. 2006/1026 but those transitional arrangements and savings continue in force by virtue of regulation 11(2)(b) of S.I. 2006/1026.
f2: S.I. 2008/794.