The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2023

Citation and commencement

1.  These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2023 and shall come into operation on 18th May 2023.

Amendment of income-related benefit legislation

2.—(1) In the provisions specified in paragraph (2) after sub-paragraph (zzc)(1) insert—

“(zzd) a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971(2);

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act(3); or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act(4);”.

(2) Those provisions are—

(a) regulation 21AA(4) of the Income Support (General) Regulations (Northern Ireland) 1987(5) (special cases: supplemental–persons from abroad);

(b) regulation 85A(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(6) (special cases: supplemental–persons from abroad);

(c) regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 2003(7) (persons not in Northern Ireland);

(d) regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 2006(8) (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) 2006(9) (persons from abroad);

(f) regulation 70(4) of the Employment and Support Allowance Regulations (Northern Ireland) 2008(10) (special cases: supplemental – persons from abroad).

Amendment of the Universal Credit Regulations

3.  In regulation 9(4) of the Universal Credit Regulations (Northern Ireland) 2016(11) (persons treated as not being in Northern Ireland) after sub-paragraph (zc)(12) insert—

“(zd) a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,”.

Amendment of disability and carer’s benefit legislation

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

(a) at the end of sub-paragraph (e)(13) omit “or”;

(b) after sub-paragraph (f)(14) add—

“or

(g) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—

(i) was residing in Sudan before 15th April 2023; and

(ii) left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan.”.

(2) Those provisions are—

(a) regulation 9C(1) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(15) (refugees and certain persons with leave to enter or remain in the United Kingdom(16));

(b) regulation 2C(1) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992(17) (refugees and certain persons with leave to enter or remain in the United Kingdom);

(c) regulation 2C(1) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(18) (refugees and certain persons with leave to enter or remain in the United Kingdom).

Amendment of the Personal Independence Payment Regulations

5.  In regulation 23A(1) of the Personal Independence Payment Regulations (Northern Ireland) 2016(19) (refugees and certain persons with leave to enter or remain in the United Kingdom(20))—

(a) at the end of sub-paragraph (e)(21) omit “or”;

(b) after sub-paragraph (f)(22) add—

“or

(g) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—

(i) was residing in Sudan before 15th April 2023; and

(ii) left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan.”.

Sealed with the Official Seal of the Department for Communities on 17th May 2023

(L.S.)

David Tarr

A senior officer of the Department for Communities

The Department of Finance hereby consents to regulation 2, in so far as it relates to the provisions referred to in paragraph (2)(d) and (e) of that regulation

Sealed with the Official Seal of the Department of Finance on 17th May 2023

(L.S.)

Patrick Neeson

A senior officer of the Department of Finance