- Latest available (Revised)
- Point in Time (05/10/2005)
- Original (As made)
The State Pension Credit Regulations 2002
You are here:
- UK Statutory Instruments
- 2002 No. 1792
- PART II
- Regulation 2
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
- Original: King's Printer Version
- Revised Version 31/3/2020
- Revised Version 31/3/2019
- Revised Version 30/11/2018
- Revised Version 31/8/2018
- Revised Version 31/5/2018
- Revised Version 28/2/2018
- Revised Version 30/11/2017
- Revised Version 31/8/2017
- Revised Version 30/6/2017
- Revised Version 31/3/2017
- Revised Version 30/9/2016
- Revised Version 29/2/2016
- Revised Version 30/11/2015
- Revised Version 28/2/2015
- Revised Version 30/11/2014
Changes over time for: Section 2
Version Superseded: 30/04/2006
Alternative versions:
- 21/05/2003- Amendment
- 06/10/2003- Amendment
- 01/05/2004- Amendment
- 05/10/2005
Point in time - 30/04/2006- Amendment
- 25/07/2006- Amendment
- 09/10/2006- Amendment
- 01/01/2007- Amendment
- 18/03/2009- Amendment
- 31/10/2011- Amendment
- 01/08/2012- Amendment
- 08/11/2012- Amendment
- 01/07/2013- Amendment
- 29/10/2013- Amendment
- 31/05/2014- Amendment
- 07/05/2019- Amendment
- 24/08/2020- Amendment
- 31/12/2020- Amendment
- 16/09/2021- Amendment
- 22/03/2022- Amendment
- 18/10/2022- Amendment
- 15/05/2023- Amendment
- 27/10/2023- Amendment
Status:
Point in time view as at 05/10/2005. This version of this provision has been superseded.
Status
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
The State Pension Credit Regulations 2002, Section 2 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Persons not in Great Britain
2. [F1—(1) Subject to paragraph (2),] a person is to be treated as not in Great Britain if he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, but for this purpose, no person is to be treated as not habitually resident in the United Kingdom who is—
(a)a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC [F2or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 2000 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004]; or
(b)a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951M1, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967M2; or
(c)a person who has been granted exceptional leave M3 to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971M4, or to remain in the United Kingdom by the Secretary of State; or
(d)a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 M5 and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.
[F3(e)a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.]
[F4(2) For the purposes of treating a person as not in Great Britain in paragraph (1), no person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland if he does not have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.]
Textual Amendments
F1Words in reg. 2 inserted (1.5.2004) by The Social Security (Habitual Residence) Amendment Regulations 2004 (S.I. 2004/1232), regs. 1(1), 5(a) (with reg. 6)
F2Words in reg. 2(a) added (1.5.2004) by The Social Security (Habitual Residence) Amendment Regulations 2004 (S.I. 2004/1232), regs. 1(1), 5(b) (with reg. 6)
F3Reg. 2(e) added (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(3)
F4Reg. 2(2) inserted (1.5.2004) by The Social Security (Habitual Residence) Amendment Regulations 2004 (S.I. 2004/1232), regs. 1(1), 5(c) (with reg. 6)
Marginal Citations
M1Cmnd. 9171.
M2Cmnd. 3906.
M3For a definition of “exceptional leave”, see Home Office evidence to the House of Commons Home Affairs Committee, Sub-Committee on Race Relations and Immigration (SCORRI), 1984-5 Session; 17th December 1984, paragraphs 44-47.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.