This Statutory Instrument has been made to correct errors in S.I. 2022/344 and is being issued free of charge to all known recipients of that Statutory Instrument.

2022 No. 990

Social Security

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

Made23rd September 2022

Laid before Parliament27th September 2022

Coming into force18th October 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 64(1), 70(4), 71(6), 123(1)(a) and (d), 137(2)(a) and 175(3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 36(2) and (4)(a) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers Act 19952, section 1(5)(a) of the State Pension Credit Act 20023, section 25(2), (3) and (5)(a) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act 20074 and sections 4(5)(a), 42(2) and (3)(a), 77(3), 92(1) and 94(2) and (3)(a) of the Welfare Reform Act 20125.

In accordance with section 173(1)(b) of the Social Security Administration Act 19926 (“the Administration Act”), the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

In so far as Part 2 of these Regulations relates to housing benefit, the Secretary of State has consulted, in accordance with section 176(1)(a) of the Administration Act, with organisations appearing to the Secretary of State to be representative of the authorities concerned.

PART 1PRELIMINARY

Citation, commencement and extent1

1

These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 and come into force on 18th October 2022.

2

Part 2 extends to England and Wales and Scotland7.

3

Part 3 extends to England and Wales only.

4

With regard to Part 4, the amendments made by regulation 4 have the same extent as the respective provisions which they amend.

PART 2AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES AND SCOTLAND

Amendments to income-related benefit legislation2

1

In the provisions specified in paragraph (2)—

a

at the end of paragraph (i) omit “or”;

b

at the end of paragraph (ii) insert “or”;

c

after paragraph (ii) insert—

iii
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act8;

2

Those provisions are—

a

regulation 21AA(4)(zzc) of the Income Support (General) Regulations 19879;

b

regulation 85A(4)(zzc) of the Jobseeker’s Allowance Regulations 199610;

c

regulation 2(4)(zzc) of the State Pension Credit Regulations 200211;

d

regulation 10(3B)(zzc) of the Housing Benefit Regulations 200612;

e

regulation 10(4A)(zzc) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200613;

f

regulation 70(4)(zzc) of the Employment and Support Allowance Regulations 200814; and

g

regulation 9(4)(zc) of the Universal Credit Regulations 201315.

PART 3AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES ONLY

Amendments to disability and carers benefit legislation3

1

In the provisions specified in paragraph (2)—

a

at the end of paragraph (1)(e), for “or” substitute “; or”;

b

in paragraph (1)(f)—

i

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

ii

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

2

Those provisions are—

a

regulation 9C of the Social Security (Invalid Care Allowance) Regulations 197616;

b

regulation 2C of the Social Security (Attendance Allowance) Regulations 199117;

c

regulation 2C of the Social Security (Disability Living Allowance) Regulations 199118; and

d

regulation 23A of the Social Security (Personal Independence Payment) Regulations 201319.

PART 4AMENDMENTS TO THE SOCIAL SECURITY (HABITUAL RESIDENCE AND PAST PRESENCE) (AMENDMENT) REGULATIONS 2022

4

In the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 202220—

a

in regulation 2(2), for “paragraph (zzb)” substitute “sub-paragraph (zzb)”;

b

in regulation 3(2), for “paragraph (zb)” substitute “sub-paragraph (zb)”.

Signed by authority of the Secretary of State for Work and Pensions

Victoria PrentisMinister of StateDepartment for Work and Pensions23rd September 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

Amendments made by the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344) (“the principal Regulations”) enable certain persons arriving from the Ukraine to access income-related benefits upon arrival in Great Britain and disability and carers benefits upon arrival in England and Wales, provided they meet the other relevant entitlement conditions.

These Regulations make further amendments so that persons who do not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of the Immigration Act 1971 (c. 77) but who would not fall within the categories already listed in the principal Regulations, notably Irish citizens, may access income-related benefits upon arrival in Great Britain from Ukraine (see Part 2) and disability and carers benefits upon arrival in England and Wales from Ukraine (see Part 3, in particular regulation 3(1)(b) and (2)).

Part 4 makes technical amendments to the principal Regulations and regulation 3(1)(a) makes a technical amendment to the provisions mentioned in regulation 3(2) correcting an error in the principal Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.