There are currently no known outstanding effects for The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations (Northern Ireland) 2024.
(This note is not part of the Regulations)
Regulation 1 provides for citation and commencement.
Regulations 2 to 5 amend the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976, the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992, the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 and the Personal Independence Payment Regulations (Northern Ireland) 2016, respectively, to reflect that claimants to whom a relevant EU Regulation applies need only show a genuine and sufficient link to the United Kingdom and not the United Kingdom social security system.
These Regulations make the necessary legislative amendments to reflect the judgment in Kavanagh & Anor v The Secretary of State for Work and Pensions[2019] EWCA Civ 272, by removing the words “social security system” after “the United Kingdom”.
These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
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