The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021

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) a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971(1), 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) 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) at the end of (ii), omit “or”;

(b) after (iii) insert—

“or

(iv) granted under the Afghan Citizens Resettlement Scheme(2);”;

(4) Those provisions are—

(a) regulation 21AA(4) of the Income Support (General) Regulations 1987(3);

(b) regulation 85A(4) of the Jobseeker’s Allowance Regulations 1996(4);

(c) regulation 2(4) of the State Pension Credit Regulations 2002(5);

(d) regulation 10(3B) of the Housing Benefit Regulations 2006(6);

(e) regulation 10(4A) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(7); and

(f) regulation 70(4) of the Employment and Support Allowance Regulations 2008(8).

(1)

1971 c. 77. See Part 7 of the Immigration Rules. The scheme is contained in Rules 276BA1- 276BS2.

(2)

https://www.gov.uk/guidance/afghan-citizens-resettlement-scheme.

(3)

S.I. 1987/1967. Regulation 21AA is inserted by S.I. 2006/1026. Relevant amendments are made by S.I. 2006/2528, 2009/362, 2013/2536, 2014/902, 2019/872 and 2020/683 and 1309.

(4)

S.I. 1996/207. Regulation 85A is inserted by S.I. 2006/1026. Relevant amendments are made by S.I. 2006/2528, 2009/362, 2013/2536, 2014/902, 2019/872 and 2020/683 1309.

(5)

S.I. 2002/1792. Regulation 2 is substituted by S.I. 2006/1026. Relevant amendments are made by S.I. 2006/2528, 2009/362, 2013/2536, 2014/902, 2019/872 and 2020/683 and 1309.

(6)

S.I. 2006/213. Relevant amendments are made by S.I. 2006/1026 and 2528, 2009/362, 2013/2536, 2014/902, 2019/872 and 2020/683 and 1309.

(7)

S.I. 2006/214. Relevant amendments are made by S.I. 2006/1026 and 2528, 2009/362, 2013/2536, 2014/902, 2019/872 and 2020/683 and 1309.

(8)

S.I. 2008/794. Relevant amendments are made by S.I. 2009/362, 2013/630 and 2536, 2014/902, 2019/872 and 2020/683 and 1309.