Regulation 2 Amendment of the Social Security (Invalid Care Allowance) RegulationsI1

in paragraph (1) after sub-paragraph (a) there shall be inserted the following sub-paragraph—

“(aa)

subject to paragraph (1A), his right to reside or remain in Northern Ireland is not subject to any limitation or condition; and”;

after paragraph (1) there shall be inserted the following paragraph—

“(1A)

For the purposes of paragraph (1)(aa), a person’s right to reside or remain in Northern Ireland is not to be treated as if it were subject to a limitation or condition if—

(a)

he is a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951^f2, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967^f3;

(b)

he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971^f4 to remain in the United Kingdom by the Secretary of State;

(c)

he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993^f5; or

(d)

he is a person who is—

(i)

lawfully working in Northern Ireland and is a national of a State with which the European Community has concluded an Agreement under Article 238^f6 of the Treaty establishing the European Community^f7 providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or

(ii)

a member of the family of, and living with, such a person.”.