The Social Security (Habitual Residence) (Amendment) Regulations 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/362 |
2009 No. 362
Social Security
The Social Security (Habitual Residence) (Amendment) Regulations 2009
Made 23th February 2009
Laid before Parliament 24th February 2009
Coming into force 18th March 2009
The Secretary of State for Work and Pensions makes the following Regulations, in exercise of the powers conferred by sections 123(1)(a), (d) and (e), 131(3)(b), 135(1) and (2), 137(1), 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 4(5) and (12), 35(1) and 36(2) and (4) of the Jobseekers Act 19952, sections 1(5)(a) and 17(1) of the State Pensions Credit Act 20023and sections 4(3), 24, 25(2), (3) and (5) of the Welfare Reform Act 20074.
In respect of the provisions of these Regulations relating to housing benefit and council tax 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 matter5.
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 Committee6.
Citation and commencement
1.—(1) These Regulations may be cited as the Social Security (Habitual Residence) (Amendment) Regulations 2009.
(2) They come into force on 18th March 2009.
Amendment of the Income Support (General) Regulations 1987
2.—(1) Regulation 21AA of the Income Support (General) Regulations 19877(special cases: supplemental – persons from abroad) is amended as follows.
(2) At the end of paragraph (4)(i), omit “or”.
(3) At the end of paragraph (4)(j), add “; or” and the following sub-paragraph—
“(k)
“(k) a person who—
(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
(ii) immediately before arriving there had been resident in Zimbabwe; and
(iii) before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom.”.
Amendment of the Jobseeker’s Allowance Regulations 1996
3.—(1) Regulation 85A of the Jobseeker’s Allowance Regulations 19968(special cases: supplemental – persons from abroad) is amended as follows.
(2) At the end of paragraph (4)(i), omit “or”.
(3) At the end of paragraph (4)(j), add “; or” and the following sub-paragraph—
“(k)
“(k) a person who—
(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
(ii) immediately before arriving there had been resident in Zimbabwe; and
(iii) before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom.”.
Amendment of the State Pension Credit Regulations 2002
4.—(1) Regulation 2 of the State Pension Credit Regulations 20029(persons not in Great Britain) is amended as follows.
(2) At the end of paragraph (4)(i), omit “or”.
(3) At the end of paragraph (4)(j), add “; or” and the following sub-paragraph—
“(k)
“(k) a person who—
(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
(ii) immediately before arriving there had been resident in Zimbabwe; and
(iii) before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom.”.
Amendment of the Housing Benefit Regulations 2006
5.—(1) Regulation 10 of the Housing Benefit Regulation 200610(persons from abroad) is amended as follows.
(2) At the end of paragraph (3B)(j) omit “or”.
(3) After paragraph (3B)(j), insert—
“(jj)
“(jj) a person who—
(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
(ii) immediately before arriving there had been resident in Zimbabwe; and
(iii) before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom; or”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
6.—(1) Regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200611(persons from abroad) is amended as follows.
(2) At the end of paragraph (4A)(j), omit “or”.
(3) After paragraph (4A)(j), insert—
“(jj)
“(jj) a person who—
(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
(ii) immediately before arriving there had been resident in Zimbabwe; and
(iii) before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom; or”.
Amendment of the Council Tax Benefit Regulations 2006
7.—(1) Regulation 7 of the Council Tax Benefit Regulations 200612(persons from abroad) is amended as follows.
(2) At the end of paragraph (4A)(j), omit “or”.
(3) After paragraph (4A)(j), insert—
“(jj)
“(jj) a person who—
(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
(ii) immediately before arriving there had been resident in Zimbabwe; and
(iii) before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom; or”.
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