The Social Security (Habitual Residence) Amendment Regulations 2004
| Year | 2004 |
2004 No. 1232
SOCIAL SECURITY
The Social Security (Habitual Residence) Amendment Regulations 2004
Made 28th April 2004
Laid before Parliament 30th April 2004
Coming into force 1st May 2004
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 131(3)(b), 135(1) and (2), 137(1) and (2)(i) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 4(5), 35(1) and 36(2) and (4) of the Jobseekers Act 19952and section 1(5)(a) and 17(1) of the State Pension Credit Act 20023and of all other powers enabling him in that behalf, after consultation with such organisations appearing to him to be representative of the authorities concerned in so far as they relate to housing benefit and council tax benefit4and after reference to the Social Security Advisory Committee5, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations shall be cited as the Social Security (Habitual Residence) Amendment Regulations 2004 and shall come into force on 1st May 2004.
(2) In these Regulations—
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 19926;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19877;
“the Income Support Regulations” means the Income Support (General) Regulations 19878;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 19969;
“the State Pension Credit Regulations” means the State Pension Credit Regulations 200210.
Amendment of the Council Tax Benefit Regulations and of the Housing Benefit Regulations
2. In both regulation 4A of the Council Tax Benefit Regulations and regulation 7A of the Housing Benefit Regulations (persons from abroad)—
(a) in paragraph (4)(e)(i) after “No. 73/148/EEC” add “or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 200011pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 200412.”;
(b) after paragraph (4) insert the following paragraph–
“4B In this regulation, for the purposes of the definition of a person from abroad no person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland if he does not have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.”.
Amendment of the Income Support Regulations
3. In regulation 21 of the Income Support Regulations (special cases)—
(a) in paragraph (3), for “Subject to paragraph (3F)” substitute “Subject to paragraphs (3F) and (3G)”;
(b) in the definition of “person from abroad” in paragraph (3) in sub-paragraph (a) after “No. 73/148/EEC” add “or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 200013pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 200414.”;
(c) after paragraph (3F) insert the following paragraph—
“3G In paragraph (3), for the purposes of the definition of a person from abroad no person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland if he does not have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.”.
Amendment of the Jobseeker’s Allowance Regulations
4. In regulation 85 of the Jobseeker’s Allowance Regulations (special cases)—
(a) in paragraph (4), for “Subject to paragraph (4A)” substitute “Subject to paragraphs (4A) and (4B)”;
(b) in the definition of “person from abroad” in paragraph (4) in sub-paragraph (a) after “No. 73/148/EEC” add “or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 200015pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 200416.”;
(c) after paragraph (4A) insert the following paragraph—
“4B In paragraph (4), for the purposes of the definition of a person from abroad no person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland if he does not have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.”.
Amendment of the State Pension Credit Regulations
5. In regulation 2 of the State Pension Credit Regulations (persons not in Great Britain)—
(a) at the beginning insert “-(1) Subject to paragraph (2),”;
(b) in sub-paragraph (a) after “No. 73/148/EEC” add “or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 200017pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 200418.”
(c) after sub-paragraph (e) insert the following paragraph—
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