The Social Security (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2009

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 18th March 2009.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations

2.  In regulation 21AA(4) of the Income Support (General) Regulations (Northern Ireland) 1987(2) (special cases: supplemental – persons from abroad)—

(a) at the end of sub-paragraph (i) omit “or”;

(b) at the end of sub-paragraph (j) add “; or” and the following sub-paragraph—

“(k) a person who—

(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii) immediately before arriving there had been resident in Zimbabwe; and

(iii) before leaving Zimbabwe had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom.”.

Amendment of the Jobseeker’s Allowance Regulations

3.  In regulation 85A(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(3) (special cases: supplemental – persons from abroad)—

(a) at the end of sub-paragraph (i) omit “or”;

(b) at the end of sub-paragraph (j) add “; or” and the following sub-paragraph—

“(k) a person who—

(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii) immediately before arriving there had been resident in Zimbabwe; and

(iii) before leaving Zimbabwe had accepted an offer, made by the Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom.”.

Amendment of the State Pension Credit Regulations

4.  In regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 2003(4) (persons not in Northern Ireland)—

(a) at the end of sub-paragraph (i) omit “or”;

(b) at the end of sub-paragraph (j) add “; or” and the following sub-paragraph—

“(k) a person who—

(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii) immediately before arriving there had been resident in Zimbabwe; and

(iii) before leaving Zimbabwe had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom.”.

Amendment of Housing Benefit Regulations

5.  In regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 2006(5) (persons from abroad), at the end of sub-paragraph (k) omit “or” and insert the following sub-paragraph—

“(kk) a person who—

(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii) immediately before arriving there had been resident in Zimbabwe; and

(iii) before leaving Zimbabwe had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom; or”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

6.  In regulation 10(5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(6) (persons from abroad), at the end of sub-paragraph (k) omit “or” and insert the following sub-paragraph—

“(kk) a person who—

(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii) immediately before arriving there had been resident in Zimbabwe; and

(iii) before leaving Zimbabwe had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom; or”.

Amendment of the Employment and Support Allowance Regulations

7.  In regulation 70(4) of the Employment and Support Allowance Regulations (Northern Ireland) 2008(7) (special cases: supplemental – persons from abroad)—

(a) at the end of sub-paragraph (j) omit “or”;

(b) at the end of sub-paragraph (k) add “; or” and the following sub-paragraph—

“(l) a person who—

(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii) immediately before arriving there had been resident in Zimbabwe; and

(iii) before leaving Zimbabwe had accepted an offer, made by Her Majesty’s Government, to assist that person to move to and settle in the United Kingdom.”.

Sealed with the Official Seal of the Department for Social Development on 25th February 2009

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulations 5 and 6.

Sealed with the Official Seal of the Department of Finance and Personnel on 26th February 2009

(L.S.)

Adrian Arbuthnot

A senior officer of the Department of Finance and Personnel