The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023
| Jurisdiction | UK Non-devolved |
| Citation | SI 2023/532 |
| Year | 2023 |
2023 No. 532
Social Security
The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023
Made 12th May 2023
Laid before Parliament 12th May 2023
Coming into force 15th May 2023
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) 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) and (3) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act 20074and sections 4(5)(a), 42(2), 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 2023 and come into force on 15th May 2023.
(2) Part 2, and this Part in so far as it relates to Part 2, extend to England and Wales and Scotland8.
(3) Part 3, and this Part in so far as it relates to Part 3, extend to England and Wales only9.
PART 2
AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES AND SCOTLAND
Amendments to income-related benefit legislation
2.—(1) In the provisions specified in paragraph (2), after sub-paragraph (zzc) insert—
“
(zzd)
(zzd) a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—
(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 197110;
(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act11; or
(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act12;
(2) Those provisions are—
(a)
(a) regulation 21AA(4) of the Income Support (General) Regulations 198713;
(b)
(b) regulation 85A(4) of the Jobseeker’s Allowance Regulations 199614;
(c)
(c) regulation 2(4) of the State Pension Credit Regulations 200215;
(d)
(d) regulation 10(3B) of the Housing Benefit Regulations 200616;
(e)
(e) regulation 10(4A) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200617; and
(f)
(f) regulation 70(4) of the Employment and Support Allowance Regulations 200818.
Amendments to the Universal Credit Regulations 2013
3. In regulation 9(4) of the Universal Credit Regulations 201319, after sub-paragraph (zc) insert—
“
(zd)
(zd) a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—
(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;
(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or
(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
PART 3
AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES ONLY
Amendments to disability and carer’s benefit legislation
4.—(1) In the provisions specified in paragraph (2)—
(a)
(a) at the end of sub-paragraph (e), omit “or”;
(b)
(b) after sub-paragraph (f) insert—
“
; or
(g)
(g) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—
(i) was residing in Sudan before 15th April 2023; and
(ii) left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan
(2) Those provisions are—
(a)
(a) regulation 9C(1) of the Social Security (Invalid Care Allowance) Regulations 197620;
(b)
(b) regulation 2C(1) of the Social Security (Attendance Allowance) Regulations 199121; and
(c)
(c) regulation 2C(1) of the Social Security (Disability Living Allowance) Regulations 199122.
Amendments to the Social Security (Personal Independence Payment) Regulations 2013
5. In regulation 23A(1) of the Social Security (Personal Independence Payment) Regulations 201323—
(a) at the end of sub-paragraph (e), omit “or”;
(b) after sub-paragraph (f) insert—
“
; or
(g)
(g) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—
(i) was residing in Sudan before 15th April 2023; and
(ii) left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan
Mims Davies
Parliamentary Under Secretary of State
Department for Work and Pensions
At 8.01 a.m. on 12th May 2023
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 Sudan 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 Employment and Support Allowance Regulations 2008 ( S.I. 2008/794) and the Universal Credit Regulations 2013 ( S.I....
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