The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022
| Year | 2022 |
2022 No. 344
Social Security
The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022
Made 21th March 2022
Laid before Parliament 21th March 2022
Coming into force 22th March 2022
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 64(1), 70(4), 71(6), 123(1)(a) and (d), 137(2)(a) and 175(3) and (4) of the Social Security Contributions and Benefits Act 19921, section 36(2) and (4)(a) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers Act 19952, section 1(5)(a) of the State Pension Credit Act 20023, section 25(2), (3) and (5)(a) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act 20074and sections 4(5)(a), 42(2) and (3)(a), 77(3), 92(1) and 94(2) and (3)(a) of the Welfare Reform Act 20125.
In respect of the provisions relating to housing benefit, the Secretary of State has not consulted organisations appearing to be representative of the authorities concerned because it appears to the Secretary of State to be inexpedient to do so by reason of the urgency of the matter6.
For the same reason, it appears to the Secretary of State to be inexpedient to refer the proposals to make these Regulations to the Social Security Advisory Committee7.
PART 1
PRELIMINARY
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 and come into force on 22nd March 2022.
(2) Part 2 extends to England and Wales and Scotland8.
(3) Part 3 extends to England and Wales only.
PART 2
AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES AND SCOTLAND
Amendment of income-related benefit legislation
2.—(1) The provisions specified in paragraph (5) are amended as follows.
(2) In paragraph (zzb), for “(h)(iv)” substitute “(h)”.
(3) After sub-paragraph (zzb) insert—
“
(zzc)
(zzc) a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—
(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 19719; or
(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act10;
(4) In sub-paragraph (h), omit the words from “where that leave is” to the end of that sub-paragraph.
(5) Those provisions are—
(a)
(a) regulation 21AA(4) of the Income Support (General) Regulations 198711;
(b)
(b) regulation 85A(4) of the Jobseeker’s Allowance Regulations 199612;
(c)
(c) regulation 2(4) of the State Pension Credit Regulations 200213;
(d)
(d) regulation 10(3B) of the Housing Benefit Regulations 200614;
(e)
(e) regulation 10(4A) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200615; and
(f)
(f) regulation 70(4) of the Employment and Support Allowance Regulations 200816.
Amendment of the Universal Credit Regulations 2013
3.—(1) Regulation 9(4) of the Universal Credit Regulations 201317is amended as follows.
(2) In paragraph (zb), for “(e)(iv)” substitute “(e)”.
(3) After sub-paragraph (zb) insert—
“
(zc)
(zc) a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—
(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971; or
(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act;
(4) In sub-paragraph (e), omit the words from “where that leave is” to the end of that sub-paragraph.
PART 3
AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES ONLY
Amendment of disability and carers benefit legislation
4.—(1) The provisions specified in paragraph (4) are amended as follows.
(2) In paragraph (1)—
(a)
(a) at the end of sub-paragraph (d), omit “or”;
(b)
(b) after sub-paragraph (e) insert—
“
or
(f)
(f) leave to enter or remain in the United Kingdom granted under or outside the immigration rules or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 where the person—
(i) was residing in Ukraine immediately before 1st January 2022; and
(ii) left Ukraine in connection with the Russian invasion which took place on 24th February 2022.
(3) In paragraph (1A), for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)”.
(4) Those provisions are—
(a)
(a) regulation 9C of the Social Security (Invalid Care Allowance) Regulations 197618;
(b)
(b) regulation 2C of the Social Security (Attendance Allowance) Regulations 199119; and
(c)
(c) regulation 2C of the Social Security (Disability Living Allowance) Regulations 199120.
Amendment of the Social Security (Personal Independence Payment) Regulations 2013
5.—(1) Regulation 23A of the Social Security (Personal Independence Payment) Regulations 201321is amended as follows.
(2) In paragraph (1)—
(a)
(a) at the end of sub-paragraph (d), omit “or”;
(b)
(b) after sub-paragraph (e) insert—
“
or
(f)
(f) leave to enter or remain in the United Kingdom granted under or outside the immigration rules or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 where C—
(i) was residing in Ukraine immediately before 1st January 2022; and
(ii) left Ukraine in connection with the Russian invasion which took place on 24th February 2022.
(3) In paragraph (1A), for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)”.
David Rutley
Parliamentary Under Secretary of State
Department for Work and Pensions
At 10.55 a.m. on 21st March 2022
EXPLANATORY NOTE
(This note is not part of the Regulations)
Part 2 of these Regulations enables certain persons to access income-related benefits upon arrival in Great Britain from Ukraine provided they meet the other relevant entitlement conditions.
That Part amends the Income Support (General) Regulations 1987 ( S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 ( S.I. 1996/207), the State Pension Credit Regulations 2002 ( S.I. 2002/1792), the Housing Benefit Regulations 2006 ( S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ( S.I. 2006/214), the...
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