Regulation 2 Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

The Social Security (Invalid Care Allowance) Regulations 1976^f1 are amended as follows.

In regulation 9(1) (conditions relating to residence and presence in Great Britain)^f2, for “9A and 9B” substitute “9A, 9B and 9C”.

After regulation 9B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)^f3, insert—

“Refugees

9C.

(1)

Regulation 9(1)(c) shall not apply where the person has—

(a)

been granted refugee status or humanitarian protection under the immigration rules; or

(b)

leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

(2)

For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971^f4.”.