The State Pension Credit Regulations (Northern Ireland) 2003

Persons not in Northern Ireland

2.  A person is to be treated as not in Northern Ireland if he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland, but for this purpose, no person is to be treated as not habitually resident in the United Kingdom who is –

(a) a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No.1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC;

(b) a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(1), as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(2);

(c) a person who has been granted exceptional leave(3) to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971(4), or to remain in the United Kingdom by the Secretary of State, or

(d) a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999(5) and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

(1)

Cmnd. 9171

(2)

Cmnd. 3906

(3)

See Home Office evidence to the House of Commons Home Affairs Committee, Sub-Committee on Race Relations and Immigration (SCORRI) 1984 – 5 Session; 17th December 1984; paragraphs 44 to 47

(4)

1971 c. 77

(5)

1999 c. 33