The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022

Amendment of disability and carers benefit legislationN.I.

This section has no associated Explanatory Memorandum

3.—(1) In the provisions specified in paragraph (2)—

(a)for “or a right” substitute “, a right”;

(b)after “the Immigration Act 1971” insert “or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,”.

(2) The provisions referred to in paragraph (1) are—

(a)regulation 9C(1)(f) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(1) (refugees and certain persons with leave to enter or remain in the United Kingdom(2));

(b)regulation 2C(1)(f) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992(3) (refugees and certain persons with leave to enter or remain in the United Kingdom);

(c)regulation 2C(1)(f) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(4) (refugees and certain persons with leave to enter or remain in the United Kingdom);

(d)regulation 23A(1)(f) of the Personal Independence Payment Regulations (Northern Ireland) 2016(5) (refugees and certain persons with leave to enter or remain in the United Kingdom).

Commencement Information

I1Reg. 3 in operation at 18.10.2022, see reg. 1

(1)

S.R. 1976 No. 99; regulation 9C was inserted by regulation 2(3) of S.R. 2017 No. 218 and paragraph (1)(f) was added by regulation 4(2)(b) of S.R. 2022 No. 149; relevant amending Regulations are S.R. 2021 No. 269

(2)

The heading to the provisions referred to in paragraph (2)(a) to (d) was substituted by regulation 4(2) of S.R. 2021 No. 269

(3)

S.R. 1992 No. 20; regulation 2C was inserted by regulation 7(3) of S.R. 2017 No. 218 and paragraph (1)(f) was added by regulation 4(2)(b) of S.R. 2022 No. 149; relevant amending Regulations are S.R. 2021 No. 269

(4)

S.R. 1992 No. 32; regulation 2C was inserted by regulation 8(3) of S.R. 2017 No. 218 and paragraph (1)(f) was added by regulation 4(2)(b) of S.R. 2022 No. 149; relevant amending Regulations are S.R. 2021 No. 269

(5)

S.R. 2016 No. 217; regulation 23A was inserted by regulation 15 of S.R. 2017 No. 218 and paragraph (1)(f) was added by regulation 5(2)(b) of S.R. 2022 No. 149; relevant amending Regulations are S.R. 2021 No. 269