The Social Security (Attendance Allowance) Regulations 1991

Changes over time for: Section 2C

Version Superseded: 14/11/2022

Alternative versions:

Status:

Point in time view as at 18/10/2022. This version of this provision has been superseded.

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[F1[F2Refugees and certain persons with leave to enter or remain in the United Kingdom]E+W

2C.—(1) Regulation 2(1)(a)(iii) shall not apply where the person has—

(a)been granted refugee status or humanitarian protection under the immigration rules; [F3...]

(b)leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules

[F4(c)leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—

(i)the Afghan Relocations and Assistance Policy; or

(ii)the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);

(d)been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c); [F5...]

(e)leave granted under the Afghan Citizens Resettlement Scheme] [F6[F7or] [F7; or]

(f)leave to enter or remain in the United Kingdom granted under or outside the immigration rules [F8or a right] [F8, a right] of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 [F9or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,] where the person—

(i)was residing in Ukraine immediately before 1st January 2022; and

(ii)left Ukraine in connection with the Russian invasion which took place on 24th February 2022.]

[F10(1A) Regulation 2(1)(a)(i) shall not apply where [F11any sub-paragraph in paragraph (1)] applies to the person.]

(2) [F12For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.]

[F12For the purposes of this regulation—

(a)“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,

(b)“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.]]

Textual Amendments

F1Reg. 2C inserted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 6(3)

F2Reg. 2C heading substituted (E.W) (15.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(2)(4); (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(2)(5)(b)

F3Word in reg. 2C(1)(a) omitted (E.W.) (15.9.2021) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(3)(a)(4); (S.) (15.9.2021) by virtue of The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(3)(a)(5)(b)

F4Reg. 2C(1)(c)-(e) inserted (E.W.) (15.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(3)(b)(4)(b); (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(3)(b)(5)(b)

F5Word in reg. 2C(1)(d) omitted (E.W.) (22.3.2022) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 4(2)(a)(4)(b); (S.) (22.3.2022 at 5.40 p.m.) by virtue of The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 2(2)(a)(4)(b)

F6Reg. 2C(1)(f) and word inserted (E.W.) (22.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (S.I. 2022/344), regs. 1(1), 4(2)(b)(4)(b); (S.) (22.3.2022 at 5.40 p.m.) by The Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022 (S.S.I. 2022/108), regs. 1(1), 2(2)(b)(4)(b)

F7Word in reg. 2C(1)(e) substituted (E.W.) (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1), 3(1)(a)(2)(b)

F8Words in reg. 2C(1)(f) substituted (E.W.) (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/990), regs. 1(1), 3(1)(b)(i)(2)(b)