OpenLegislation

Regulation 23A Refugees and certain persons with leave to enter or remain in the United KingdomRefugees and certain persons with leave to enter and remain in the United KingdomF1F22F23

England, Wales and Scotland

(1)

Regulation 16(b) does not apply in relation to a claim for personal independence payment where C has—

(a)

been granted refugee status or humanitarian protection under the immigration rules; F2...

(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.

(F3c)

leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—

(i)

the Afghan Relocations and Assistance Policy, or

(ii)

the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),

(d)

been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c); F4...

(e)

leave granted under the Afghan Citizens Resettlement Scheme F5; F6...

(F7f)

leave to enter or remain in the United Kingdom granted under or outside the immigration rules F8, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 F9or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—

(i)

was residing in Ukraine immediately before 1 January 2022; and

(ii)

left Ukraine in connection with the Russian invasion which took place on 24 February 2022F10; F11...

(g)

leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—

(i)

was residing in Sudan before 15 April 2023, and

(ii)

left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across SudanF12, F13or

(h)

leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—

(i)

was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, and

(ii)

left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attackF14.;

(F15i)

met conditions A to D.

  • Condition A

    The person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—

    1. (a)

      provided public information to advise British nationals to leave that country or territory, or

    2. (b)

      arranged the evacuation of British nationals from that country or territory.

  • Condition B

    The person has left that country or territory.

  • Condition C

    The person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.

  • Condition D

    The person—

    1. (a)

      has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

    2. (b)

      does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

    3. (c)

      has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or

    4. (d)

      has leave on a discretionary basis outside of rules made under section 3(2) of that Act; or

(j)

as part of a safe and legal humanitarian immigration route, leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rulesF16,

(k)

met conditions A to D,

Condition A

The person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—

(i)

provided public information to advise British nationals to leave that country or territory, or

(ii)

arranged the evacuation of British nationals from that country or territory,

Condition B

The person has left that country or territory.

Condition C

The person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.

Condition D

The person—

(i)

has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

(ii)

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(iii)

has leave to enter or remain in the United Kingdom in accordance with immigration rules, or

(iv)

has leave on a discretionary basis outside of immigration rules, or

(l)

as part of a safe and legal humanitarian immigration route, leave to enter or remain in the United Kingdom in accordance with immigration rules or leave on a discretionary basis outside of those rules.

(F171A)

Regulation 16(c) does not apply in relation to a claim for personal independence payment where F18any sub-paragraph in paragraph (1) applies to C.

(F191B)

Where paragraph (1)(i) applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started.

(F201C)

Where paragraph (1)(k) applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started.

(F212)

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

(2)

For the purposes of this regulation—

(a)

“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,

(b)

“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.

Annotations

Textual amendments

F1

Reg. 23A inserted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 14

F2

Word in reg. 23A(1)(a) omitted (S.) (15.9.2021) by virtue of The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(3)(a)(5)(d); (E.W.) (16.9.2021) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(3)(a)(4)

F3

Reg. 23A(1)(c)-(e) inserted (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(3)(b)(5)(d); (E.W.) (16.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(3)(b), (4)

F4

Word in reg. 23A(1)(d) omitted (E.W.) (22.3.2022) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 5(2)(a); (S.) (22.3.2022 at 5.40 p.m.) by virtue of The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 3(2)(a)

F5

Word in reg. 23A(1)(e) substituted (E.W.) (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1)(3), 3(1)(a)(2)(d)

F6

Word in reg. 23A(1)(e) omitted (E.W) (15.5.2023) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023 (S.I. 2023/532), regs. 1(1), 5(a); (S.) (17.5.2023 at 5.54 p.m.) by virtue of The Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (S.S.I. 2023/149), regs. 1(1), 3(2)(a)

F7

Reg. 23A(1)(f) inserted (E.W.) (22.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 5(2)(b); (S.) (22.3.2022 at 5.40 p.m.) by The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 3(2)(b)

F8

Words in reg. 23A(1)(f) substituted (E.W.) (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1)(3), 3(1)(b)(i)(2)(d); substituted (S.) (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 6(1)(a)

F9

Words in reg. 23A(1)(f) inserted (E.W.) (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1)(3), 3(1)(b)(ii)(2)(d); (S.) (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), reg. 23A(1)(f), regs. 1(1), 6(1)(b)

F10

Reg. 23A(1)(g) and word inserted (E.W) (15.5.2023) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023 (S.I. 2023/532), regs. 1(1), 5(b); (S.) (17.5.2023 at 5.54 p.m.) by The Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (S.S.I. 2023/149); regs. 1(1), 3(2)(b)

F11

Word in reg. 23A(1)(f) omitted (S.) (26.10.2023 at 5.38 p.m.) by virtue of The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(2), 3(2)(a); (E.W.) (27.10.2023) by virtue of The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 11(2)(a)

F12

Reg. 23A(1)(h) and word inserted (S.) (26.10.2023 at 5.38 p.m.) by The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(2), 3(2)(b); (E.W.) (27.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 11(2)(c)

F13

Word in reg. 23A(1)(g) omitted (E.W.) (18.7.2025) by virtue of The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 14(2)(a)

F14

Reg. 23A(1)(h): semicolon substituted for full stop (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 14(2)(b)

F15

Reg. 23A(1)(i)(j) inserted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 14(2)(c)

F16

Reg. 23A(k)(l) inserted (S.) (18.3.2026) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/139), regs. 1(1), 5(3)(a)

F17

Reg. 23A(1A) inserted (E.W.) (15.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(8); and (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(9)

F18

Words in reg. 23A(1A) substituted (E.W.) (22.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 5(3); and (S.) (22.3.2022 at 5.40 p.m.) The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 3(2)(c)

F19

Reg. 23A(1B) inserted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 14(3)

F20

Reg. 23A(1C) inserted (S.) (18.3.2026) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/139), regs. 1(1), 5(3)(b)

F21

Reg. 23A(2) substituted (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(4)(5)(d)

F22

Reg. 23A title substituted (E.W.) (16.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(2)(4)

F23

Reg. 23A heading substituted (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(2)(5)(d)

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.