The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/1034 |
| Year | 2021 |
2021 No. 1034
Social Security
The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021
Made 13th September 2021
Laid before Parliament 14th September 2021
Coming into force 15th September 2021
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), 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 2021 and come into force on 15th September 2021.
(2) Part 2 extends to England and Wales and Scotland8.
(3) Part 3 extends to England and Wales only9.
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 (4) are amended as follows.
(2) Before sub-paragraph (za) insert—
“(zza)
“(zza) a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 197110, where such leave is granted by virtue of—
(i) the Afghan Relocations and Assistance Policy; or
(ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);
(zzb)
(zzb) a person in Great Britain not coming within sub-paragraph (zza) or (h)(iv) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;”.
(3) In sub-paragraph (h)—
(a)
(a) at the end of (ii), omit “or”;
(b)
(b) after (iii) insert—
“or
(iv)
(iv) granted under the Afghan Citizens Resettlement Scheme11;”;
(4) Those provisions are—
(a)
(a) regulation 21AA(4) of the Income Support (General) Regulations 198712;
(b)
(b) regulation 85A(4) of the Jobseeker’s Allowance Regulations 199613;
(c)
(c) regulation 2(4) of the State Pension Credit Regulations 200214;
(d)
(d) regulation 10(3B) of the Housing Benefit Regulations 200615;
(e)
(e) regulation 10(4A) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200616; and
(f)
(f) regulation 70(4) of the Employment and Support Allowance Regulations 200817.
Amendment of the Universal Credit Regulations 2013
3.—(1) Regulation 9(4) of the Universal Credit Regulations 201318is amended as follows.
(2) Before sub-paragraph (a) insert—
“(za)
“(za) a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—
(i) the Afghan Relocations and Assistance Policy; or
(ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);
(zb)
(zb) a person in Great Britain not coming within sub-paragraph (za) or (e)(iv) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;”.
(3) In sub-paragraph (e)—
(a)
(a) at the end of (ii), omit “or”;
(b)
(b) after (iii) insert—
“or
(iv)
(iv) granted under the Afghan Citizens Resettlement Scheme;”;
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) For the title substitute “Refugees and certain persons with leave to enter or remain in the United Kingdom”.
(3) In paragraph (1)—
(a)
(a) at the end of sub-paragraph (a), omit “or”;
(b)
(b) after sub-paragraph (b) insert—
“(c)
“(c) leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—
(i) the Afghan Relocations and Assistance Policy; or
(ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);
(d)
(d) been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c); or
(e)
(e) leave granted under the Afghan Citizens Resettlement Scheme.”.
(4) Those provisions are—
(a)
(a) regulation 9C of the Social Security (Invalid Care Allowance) Regulations 197619(“the CA Regulations”);
(b)
(b) regulation 2C of the Social Security (Attendance Allowance) Regulations 199120(“the AA Regulations”);
(c)
(c) regulation 2C of the Social Security (Disability Living Allowance) Regulations 199121(“the DLA Regulations”); and
(d)
(d) regulation 23A of the Social Security (Personal Independence Payment) Regulations 201322(“the PIP Regulations”).
(5) In regulation 9C of the CA Regulations, after paragraph (1) insert—
“1A Regulation 9(1)(a) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.”.
(6) In regulation 2C of the AA Regulations, after paragraph (1) insert—
“1A Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.”.
(7) In regulation 2C of the DLA Regulations, after paragraph (1) insert—
“1A Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.”.
(8) In regulation 23A of the PIP Regulations, after paragraph (1) insert—
“1A Regulation 16(c) does not apply in relation to a claim for personal independence payment where paragraph (1)(c), (d) or (e) applies to C.”.
Will Quince
Parliamentary Under Secretary of State
Department for Work and Pensions
13th September 2021
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 Afghanistan, 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 (...
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