Contents
- 1 Citation, commencement and interpretation
- 2 Amendment of the Social Security (Invalid Care Allowance) Regulations
- 3 Amendment of the Social Security (Severe Disablement Allowance) Regulations
- 4 Amendment of the Income Support (General) Regulations
- 5 Amendment of the Housing Benefit (General) Regulations
- 6 Amendment of the Family Credit (General) Regulations
- 7 Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations
- 8 Amendment of the Social Security (Attendance Allowance) Regulations
- 9 Amendment of the Social Security (Disability Living Allowance) Regulations
- 10 Amendment of the Disability Working Allowance (General) Regulations
- 11 Saving
1Citation, commencement and interpretation#
(1)These Regulations may be cited as the Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 and shall come into operation on 5th February 1996.
(2)The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Assembly.
2Amendment of the Social Security (Invalid Care Allowance) Regulations#
In regulation 9 of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 (conditions relating to residence and presence in Northern Ireland)—
(a)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”
(b)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, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;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 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; ord 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 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, orii a member of the family of, and living with, such a person.”
3Amendment of the Social Security (Severe Disablement Allowance) Regulations#
In regulation 3 of the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984 (conditions relating to residence and presence)—
(a)in paragraph (1)(a) after head (i) there shall be inserted the following head—“ia subject to paragraph (1A), his right to reside or remain in Northern Ireland is not subject to any limitation or condition,”
(b)after paragraph (1) there shall be inserted the following paragraph—“1A For the purposes of paragraph (1)(a)(ia), 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, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;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 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; ord 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 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, orii a member of the family of, and living with, such a person.”
4Amendment of the Income Support (General) Regulations#
(1)The Income Support (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (4).
(2)In regulation 21(3) (special cases) in the first definition of “person from abroad” after paragraph (h) there shall be added the following paragraphs—“i has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking given by another person in writing in pursuance of immigration rules within the meaning of the 1971 Act, to be responsible for his maintenance and accommodation; and he has not been resident in the United Kingdom for a period of at least 5 years beginning with the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; orj while he is a person to whom any of the definitions in paragraphs (a) to (i) of this definition applies, submits a claim to the Secretary of State, which is not finally determined, for asylum under the Convention.”
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5Amendment of the Housing Benefit (General) Regulations#
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6Amendment of the Family Credit (General) Regulations#
In regulation 3 of the Family Credit (General) Regulations (Northern Ireland) 1987 (circumstances in which a person is treated as being or as not being in Northern Ireland)—
(a)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;”
(b)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, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;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 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; ord 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 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, orii a member of the family of, and living with, such a person.”
7Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations#
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8Amendment of the Social Security (Attendance Allowance) Regulations#
In regulation 2 of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (conditions as to residence and presence in Northern Ireland)—
(a)in paragraph (1)(a) after head (i) there shall be inserted the following head—“ia subject to paragraph (1A), his right to reside or remain in Northern Ireland is not subject to any limitation or condition,”
(b)after paragraph (1) there shall be inserted the following paragraph—“1A For the purposes of paragraph (1)(a)(ia), 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, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;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 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;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 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, orii a member of the family of, and living with, such a person; ore he is a person in respect of whom there is an order under section 155 of the Social Security Administration (Northern Ireland) Act 1992 giving effect to a reciprocal agreement which, for the purposes of attendance allowance, has the effect that periods of residence or presence in another country are to be treated as periods of residence or presence in Northern Ireland.”
9Amendment of the Social Security (Disability Living Allowance) Regulations#
In regulation 2 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (conditions as to residence and presence in Northern Ireland)—
(a)in paragraph (1)(a) after head (i) there shall be inserted the following head—“ia subject to paragraph (1A), his right to reside or remain in Northern Ireland is not subject to any limitation or condition,”
(b)after paragraph (1) there shall be inserted the following paragraph—“1A For the purposes of paragraph (1)(a)(ia), 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, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;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 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;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 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, orii a member of the family of, and living with, such a person; ore he is a person in respect of whom there is an order under section 155 of the Administration Act giving effect to a reciprocal agreement which, for the purposes of disability living allowance, has the effect that periods of residence or presence in another country are to be treated as periods of residence or presence in Northern Ireland.”
10Amendment of the Disability Working Allowance (General) Regulations#
In regulation 5 of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 (circumstances in which a person is treated as being or as not being in Northern Ireland)—
(a)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;”
(b)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, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;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 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; ord 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 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, orii a member of the family of, and living with, such a person.”
11Saving#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2)
(3)
(4)In paragraph (3)—• “mortgage” includes a charge and (in Scotland) a heritable security;• “timeshare accommodation” means overnight accommodation which is the subject of a timeshare contract within the meaning of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010.
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