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

(1)

Sub-paragraph (zzc) was inserted by regulation 2(3) of S.R. 2022 No. 149 and amended by regulation 2(1) of S.R. 2022 No. 230

(2)

1971 c. 77

(3)

Section 2 was substituted by section 39(2) of the British Nationality Act 1981 (c. 61)and amended by S.I. 2019/745

(4)

Section 3ZA was inserted by section 2(2) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20)

(5)

S.R. 1987 No. 459; regulation 21AA was inserted by regulation 2(3) of S.R. 2006 No. 178; relevant amending Regulations are S.R. 2021 No. 269 and S.R. 2022 Nos. 149 and 230

(6)

S.R. 1996 No. 198; regulation 85A was inserted by regulation 4(3) of S.R. 2006 No. 178; relevant amending Regulations are S.R. 2021 No. 269 and S.R. 2022 Nos. 149 and 230

(7)

S.R. 2003 No. 28; regulation 2 was substituted by regulation 5 of S.R. 2006 No. 178; relevant amending Regulations are S.R. 2021 No. 269 and S.R. 2022 Nos. 149 and 230

(8)

S.R. 2006 No. 405; relevant amending Regulations are S.R. 2021 No. 269 and S.R. 2022 Nos. 149 and 230

(9)

S.R. 2006 No. 406; relevant amending Regulations are S.R. 2021 No. 269 and S.R. 2022 Nos. 149 and 230

(10)

S.R. 2008 No. 280; relevant amending Regulations are S.R. 2021 No. 269 and S.R. 2022 Nos. 149 and 230