Amendment of the habitual residence test in income-related benefit legislation I12

1

In the provisions specified in paragraph (2) after sub-paragraph (zzd)10 insert—

zze

a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—

i

has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 197111;

ii

has a right of abode in the United Kingdom within the meaning given in section 2 of that Act12; or

iii

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act13;

2

Those provisions are—

a

regulation 21AA(4) of the Income Support (General) Regulations (Northern Ireland) 198714 (special cases: supplemental–persons from abroad);

b

regulation 85A(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 199615 (special cases: supplemental–persons from abroad);

c

regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 200316 (persons not in Northern Ireland);

d

regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 200617 (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) 200618 (persons from abroad);

f

regulation 70(4) of the Employment and Support Allowance Regulations (Northern Ireland) 200819 (special cases: supplemental – persons from abroad).

3

In regulation 9(4) of the Universal Credit Regulations (Northern Ireland) 201620 (persons treated as not being in Northern Ireland), after sub-paragraph (zd)21 insert—

ze

a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—

i

has been granted leave in accordance with the 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,