4.  In regulation 2 of the Disability Living Allowance Regulations M1 (conditions as to residence and presence in Great Britain)—

(a) after paragraph (1)(a)(i) there shall be inserted—

“(ia) subject to paragraph (1A), his right to reside or remain in Great Britain is not subject to any limitation or condition, and;”and

(b) after paragraph (1) there shall be inserted—

“(1A) For the purposes of paragraph (1)(a)(ia), a person’s right to reside or remain in Great Britain is not to be treated as if it were subject to a limitation or condition if—

(a) he is a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 M2 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; M3

(b) he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 M4 to remain in the United Kingdom by the Secretary of State;

(c) he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; M5

(d) he is a person who is—

(i) lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 M6 of the Treaty establishing the European Community M7 providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or

(ii) a member of the family of, and living with, such a person; or

(e) he is a person in respect of whom there is an Order in Council under section 179 of the Administration Act 1992 giving effect to a reciprocal agreement which, for the purposes of disability living allowance, has the effect that periods of presence or residence in another country are to be treated as periods of presence or residence in Great Britain..”

Marginal Citations

M1 Regulation 2 was amended by S.I. 1993/1939.

M2 Cmd. 9171.

M3 Cmnd. 3906.

M4 1971 c.77.

M5 OJ No. L 1, 3.1.1994, p.7.

M6 Article 238 was amended by article G(84) of the Treaty on European Union.

M7 The title of the Treaty of Rome was amended by Article G(1) of the Treaty on European Union.