Contents
1Citation and commencement#
These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022 and shall come into operation on 18th October 2022.
2Amendment of income-related benefit legislation#
(1)In the provisions specified in paragraph (2)—
(a)at the end of head (i) omit “or”;
(b)at the end of head (ii) add “or”;
(c)after head (ii) add—“iii does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;”
(2)The provisions referred to in paragraph (1) are—
(a)regulation 21AA(4)(zzc) of the Income Support (General) Regulations (Northern Ireland) 1987 (special cases: supplemental–persons from abroad);
(b)regulation 85A(4)(zzc) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (special cases: supplemental–persons from abroad);
(c)regulation 2(4)(zzc) of the State Pension Credit Regulations (Northern Ireland) 2003 (persons not in Northern Ireland);
(d)regulation 10(5)(zzc) of the Housing Benefit Regulations (Northern Ireland) 2006 (persons from abroad);
(e)regulation 10(5)(zzc) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (persons from abroad);
(f)regulation 70(4)(zzc) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (special cases: supplemental – persons from abroad);
(g)regulation 9(4)(zc) of the Universal Credit Regulations (Northern Ireland) 2016 (persons treated as not being in Northern Ireland).
3Amendment of disability and carers benefit legislation#
(1)In the provisions specified in paragraph (2)—
(a)for “or a right” substitute “, a right”;
(b)after “the Immigration Act 1971” insert “or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,”.
(2)The provisions referred to in paragraph (1) are—
(a)regulation 9C(1)(f) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 (refugees and certain persons with leave to enter or remain in the United Kingdom);
(b)regulation 2C(1)(f) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (refugees and certain persons with leave to enter or remain in the United Kingdom);
(c)regulation 2C(1)(f) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (refugees and certain persons with leave to enter or remain in the United Kingdom);
(d)regulation 23A(1)(f) of the Personal Independence Payment Regulations (Northern Ireland) 2016 (refugees and certain persons with leave to enter or remain in the United Kingdom).
Contains public sector information licensed under the Open Government Licence v3.0.