Regulation 16 Conditions relating to residence and presence in Great BritainI1
Subject to the following provisions of this Part, the prescribed conditions for the purposes of section 77(3) of the Act as to residence and presence in Great Britain are that on any day for which C claims personal independence payment C—
is present in F1England and Wales;
has been present in Great Britain for a period of, or periods amounting in aggregate to, not less than 104 weeks out of the 156 weeks immediately preceding that day;
is habitually resident in the United Kingdom, the Republic of Ireland, the Isle of Man or the Channel Islands; and
is a person–
who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 F2; or
to whom, by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 F3, section 115 of that Act does not apply for the purpose of personal independence payment.
Annotations
Textual amendments
- F1
Words in reg. 16(a) substituted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 5(3) (with reg. 6)
- F2
1999 c.33. Section 115 was amended by the Act, Schedule 9, paragraph 44. There are other amendments not relevant to these Regulations.
- F3
Regulation 2 was amended by S.I. 2013/388. There are other amendments not relevant to these Regulations.
Commencement
- I1
Reg. 16 coming into force in accordance with reg. 1(2) and S.I. 2013/358
Notes on the whole SI
Textual amendments
- F1
- F2
See section 173(5)(a) of the Social Security Administration Act 1992 (c.5) (‘the 1992 Act’). The requirement to refer regulations to the Social Security Advisory Committee does not apply where regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the regulations were made. Schedule 9, paragraph 26(a) to the Welfare Reform Act 2012 (c.5) (‘the Act’) inserted a reference to Part 4 of that Act into section 170(5) of the 1992 Act which has the effect of making that Part of the Act a ‘relevant enactment’ and therefore subject to the requirement to refer regulations to the Social Security Advisory Committee unless section 173(5) applies.