Regulation 22 Persons residing in Great Britain to whom a relevant EU Regulation appliesI1

England, Wales and Scotland

Regulation 16(b) does not apply in relation to a claim for personal independence payment where on any day–

(a)

C is habitually resident in Great Britain;

(b)

a relevant EU Regulation F1 applies; and

(c)

C can demonstrate a genuine and sufficient link to the United Kingdom F2... .

Annotations

F1: See section 84(2) of the Act for the meaning of ‘relevant EU Regulation’.
F2: Words in reg. 22(c) omitted (E.W.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations 2024 (S.I. 2024/936), regs. 1(1), 5(2); (S.) (7.11.2024) by virtue of The Social Security (Genuine and Sufficient Link to the United Kingdom) (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/241), regs. 1(1), 5(2)

I1: Reg. 22 coming into force in accordance with reg. 1(2) and S.I. 2013/358

F1: 2012 c.5.
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.