2022 No. 149
The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022
Made
Coming into operation
The Department for Communities1 makes the following Regulations in exercise of the powers conferred by sections 64(1), 70(4), 71(6), 122(1)(a) and (d), 133(2)(a) and 171(3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, Article 36(2)(a) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 19953, and now vested in it4, sections 1(5)(a) and 19(1), (2)(a) and (3) of the State Pension Credit Act (Northern Ireland) 20025, section 25(2)(a) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act (Northern Ireland) 20076 and Articles 9(5)(a), 48(1) and (2)(a), 82(3), 97(1) and 99(1)(a) of the Welfare Reform (Northern Ireland) Order 20157.
Regulation 2 is made with the consent of the Department of Finance8, in so far as it relates to the provisions referred to in paragraph (5)(d) and (e) of that regulation.
Citation and commencement1
These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022 and shall come into operation on 24th March 2022.
Amendment of income-related benefit legislation2
1
The provisions specified in paragraph (5) are amended in accordance with paragraphs (2) to (4).
2
In sub-paragraph (zzb)9 for “(h)(iv)” substitute “(h)”
.
3
After sub-paragraph (zzb) insert—
zzc
a person in Northern Ireland 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 197110, or
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act11;
4
In sub-paragraph (h)12 omit the words from “where that leave is” to the end.
5
The provisions referred to in paragraph (1) are—
a
regulation 21AA(4) of the Income Support (General) Regulations (Northern Ireland) 198713 (special cases: supplemental–persons from abroad);
b
regulation 85A(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 199614 (special cases: supplemental–persons from abroad);
c
regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 200315 (persons not in Northern Ireland);
d
regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 200616 (persons from abroad);
e
regulation 10(5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200617 (persons from abroad);
f
regulation 70(4) of the Employment and Support Allowance Regulations (Northern Ireland) 200818 (special cases: supplemental – persons from abroad).
Amendment of the Universal Credit Regulations3
1
Regulation 9(4) of the Universal Credit Regulations (Northern Ireland) 201619 (persons treated as not being in Northern Ireland) is amended in accordance with paragraphs (2) to (4).
2
In sub-paragraph (zb)20 for “(e)(iv)” substitute “(e)”
.
3
After sub-paragraph (zb) insert—
zc
a person in Northern Ireland 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;
4
In sub-paragraph (e)21 omit the words from “where that leave is” to the end.
Amendment of disability and carers benefit legislation4
1
The provisions specified in paragraph (4) are amended in accordance with paragraphs (2) and (3).
2
In paragraph (1)—
a
at the end of sub-paragraph (d)22 omit “or”;
b
after sub-paragraph (e) add—
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.
3
In paragraph (1A)23 for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)”
.
4
The provisions referred to in paragraph (1) are—
a
b
regulation 2C of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 199226 (refugees and certain persons with leave to enter or remain in the United Kingdom);
c
regulation 2C of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 199227 (refugees and certain persons with leave to enter or remain in the United Kingdom).
Amendment of the Personal Independence Payment Regulations5
1
Regulation 23A of the Personal Independence Payment Regulations (Northern Ireland) 201628 (refugees and certain persons with leave to enter or remain in the United Kingdom) is amended in accordance with paragraphs (2) and (3).
2
In paragraph (1)—
a
at the end of sub-paragraph (d)29 omit “or”;
b
after sub-paragraph (e) add—
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.
3
In paragraph (1A)30 for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)”
.
Sealed with the Official Seal of the Department for Communities on 23rd March 2022
The Department of Finance hereby consents to regulation 2, in so far as it relates to the provisions referred to in paragraph (5)(d) and (e) of that regulation
Sealed with the Official Seal of the Department of Finance on 23rd March 2022
(This note is not part of the Regulations)