The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022

Amendment of disability and carers benefit legislation

4.—(1) The provisions specified in paragraph (4) are amended in accordance with paragraphs (2) and (3).

(2) In paragraph (1)—

(a) at the end of sub-paragraph (d)(1) omit “or”;

(b) after sub-paragraph (e) add—

“or

(f) leave to enter or remain in the United Kingdom granted under or outside the immigration rules or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 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.”.

(3) In paragraph (1A)(2) for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)”.

(4) The provisions referred to in paragraph (1) are—

(a) regulation 9C of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(3) (refugees and certain persons with leave to enter or remain in the United Kingdom(4));

(b) regulation 2C of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992(5) (refugees and certain persons with leave to enter or remain in the United Kingdom);

(c) regulation 2C of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(6) (refugees and certain persons with leave to enter or remain in the United Kingdom).

(1)

Sub-paragraphs (c) to (e) were added by regulation 4(3)(b) of S.R. 2021 No. 269

(2)

Paragraph (1A) was inserted by regulation 4(5) to (7) respectively of S.R. No. 2021 No. 269

(3)

S.R. 1976 No. 99; regulation 9C was inserted by regulation 2(3) of S.R. 2017 No. 218; relevant amending Regulations are S.R. 2016 No. 229 and S.R. 2021 No. 269

(4)

The heading to the provisions referred to in paragraph (4)(a) to (c) was substituted by regulation 4(2) of S.R. 2021 No. 269

(5)

S.R. 1992 No. 20; regulation 2C was inserted by regulation 7(3) of S.R. 2017 No. 218; relevant amending Regulations are S.R. 2016 No. 229 and S.R. 2021 No. 269

(6)

S.R. 1992 No. 32; regulation 2C was inserted by regulation 8(3) of S.R. 2017 No. 218; relevant amending Regulations are S.R. 2016 No. 229 and S.R. 2021 No. 269