The Social Security (Habitual Residence) (Amendment) Regulations 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/2587 |
2012 No. 2587
Social Security
The Social Security (Habitual Residence) (Amendment) Regulations 2012
Made 11th October 2012
Laid before Parliament 17th October 2012
Coming into force 8th November 2012
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) and 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 Pension Credit Act 20023and sections 4(3), 24, 25(2), (3) and (5) of the Welfare Reform Act 20074.
He has consulted with such organisations which appear to him to be representative of the authorities concerned with these Regulations in so far as they relate to housing benefit and council tax benefit5.
The Social Security Advisory Committee has agreed that the proposals to make these Regulations should not be referred to it6.
Citation and commencement
1. These Regulations may be cited as the Social Security (Habitual Residence) (Amendment) Regulations 2012 and shall come into force on 8th November 2012.
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) After paragraph (3)(b), insert—
“(bb)
“(bb) regulation 15A(1) of those Regulations8, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”.
(3) At the end of paragraph (3)(c), omit “or”.
(4) At the end of paragraph (3)(d), add “; or” and the following sub-paragraph—
“(e)
“(e) Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).”.
Amendment of the Jobseeker’s Allowance Regulations 1996
3.—(1) Regulation 85A of the Jobseeker’s Allowance Regulations 19969(special cases: supplemental – persons from abroad) is amended as follows.
(2) At the end of paragraph (3)(a), omit “or”.
(3) After paragraph (3)(a), insert—
“(aa)
“(aa) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”.
(4) At the end of paragraph (3)(b), add “; or” and the following sub-paragraph—
“(c)
“(c) Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).”.
Amendment of the State Pension Credit Regulations 2002
4.—(1) Regulation 2 of the State Pension Credit Regulations 200210(persons not in Great Britain) is amended as follows.
(2) After paragraph (3)(b), insert—
“(bb)
“(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”.
(3) At the end of paragraph (3)(c), omit “or”.
(4) At the end of paragraph (3)(d), add “; or” and the following sub-paragraph—
“(e)
“(e) Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).”.
Amendment of the Housing Benefit Regulations 2006
5.—(1) Regulation 10 of the Housing Benefit Regulations 200611(persons from abroad) is amended as follows.
(2) After paragraph (3A)(b), insert—
“(bb)
“(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”.
(3) At the end of paragraph (3A)(c), omit “or”.
(4) At the end of paragraph (3A)(d), add “; or” and the following sub-paragraph—
“(e)
“(e) Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).”.
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 200612(persons from abroad) is amended as follows.
(2) After paragraph (4)(b), insert—
“(bb)
“(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”.
(3) At the end of paragraph (4)(c), omit “or”.
(4) At the end of paragraph (4)(d), add “; or” and the following sub-paragraph—
“(e)
“(e) Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).”.
Amendment of the Council Tax Benefit Regulations 2006
7.—(1) Regulation 7 of the Council Tax Benefit Regulations 200613(persons from abroad) is amended as follows.
(2) After paragraph (4)(b), insert—
“(bb)
“(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”.
(3) At the end of paragraph (4)(c), omit “or”.
(4) At the end of paragraph (4)(d), add “; or” and the following sub-paragraph—
“(e)
“(e) Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).”.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
8.—(1) Regulation 7 of the Council Tax Benefit (Persons who...
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