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The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022

Consolidated Text As Enacted Cited authorities 49 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2022/344
Year2022
(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 Scotland(8) .(3) Part 3 extends to England and Wales only.(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) 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(9) ; or(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act(10) ;
.has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971(9) ; orhas a right of abode in the United Kingdom within the meaning given in section 2 of that Act(10) ;(4) In sub-paragraph (h) , omit the words from “where that leave is” to the end of that sub-paragraph.regulation 21AA(4) of the Income Support (General) Regulations 1987(11) ;regulation 85A(4) of the Jobseeker’s Allowance Regulations 1996(12) ;regulation 2(4) of the State Pension Credit Regulations 2002(13) ;regulation 10(3B) of the Housing Benefit Regulations 2006(14) ;regulation 10(4A) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(15) ; andregulation 70(4) of the Employment and Support Allowance Regulations 2008(16) .(1) Regulation 9(4) of the Universal Credit Regulations 2013(17) is amended as follows.(2) In paragraph (zb) , for “(e) (iv) ” substitute “(e) ”.(3) After sub-paragraph (zb) insert—
  • (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;
.has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971; orhas 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.(1) The provisions specified in paragraph (4) are amended as follows.at the end of sub-paragraph (d) , omit “or”;after sub-paragraph (e) insert—
    or
  • (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.
.was residing in Ukraine immediately before 1st January 2022; andleft 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) ”.regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976(18) ;regulation 2C of the Social Security (Attendance Allowance) Regulations 1991(19) ; andregulation 2C of the Social Security (Disability Living Allowance) Regulations 1991(20) .(1) Regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013(21) is amended as follows.at the end of sub-paragraph (d) , omit “or”;after sub-paragraph (e) insert—
    or
  • (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.
.was residing in Ukraine immediately before 1st January 2022; andleft 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) ”.

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