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Regulation 23 Persons residing in an EEA state ... or in Switzerland to whom a relevant EU Regulation appliesF4I1

England, Wales and Scotland

Regulation 16(a) to (c) does not apply in relation to entitlement to the daily living component of personal independence payment where on any day—

(a)

C is habitually resident in–

(i)

an EEA state F1...; or

(ii)

Switzerland;

F2(b)

a relevant EU Regulation—

(i)

applies to C; or

(ii)

except where C has been habitually resident in the United Kingdom after 31st December 2020, applied to C on 31st December 2020 and they have been continuously in receipt of the daily living component of personal independence payment on and from that date; and

(c)

C can demonstrate a genuine and sufficient link to the United Kingdom F3... .

Annotations

Textual amendments

F1

Words in reg. 23(a)(i) omitted (31.12.2020) by virtue of The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), reg. 1(2), Sch. para. 10(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F2

Reg. 23(b) substituted (E.W.) (10.12.2025) by The Social Security (Residence in an EEA State or Switzerland) (Amendment) Regulations 2025 (S.I. 2025/1198), regs. 1(1), 4; (S.) (1.4.2026) by The Social Security (Residence in an EEA State or Switzerland) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/415), regs. 1(1), 4

F3

Words in reg. 23(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(3); (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(3)

F4

Words in reg. 23 title omitted (31.12.2020) by virtue of The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), reg. 1(2), Sch. para. 10(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 23 coming into force in accordance with reg. 1(2) and S.I. 2013/358

Notes on the whole SI

Textual amendments

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.