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

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PART 3E+WAMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES ONLY

Amendment of disability and carers benefit legislationE+W

4.—(1) The provisions specified in paragraph (4) are amended as follows.

(2) In paragraph (1)—

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

(b)after sub-paragraph (e) insert—

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

(4) Those provisions are—

(a)regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976(1);

(b)regulation 2C of the Social Security (Attendance Allowance) Regulations 1991(2); and

(c)regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991(3).

Commencement Information

I1Reg. 4 in force at 22.3.2022, see reg. 1(1)

Amendment of the Social Security (Personal Independence Payment) Regulations 2013E+W

5.—(1) Regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013(4) is amended as follows.

(2) In paragraph (1)—

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

(b)after sub-paragraph (e) insert—

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 C—

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

Commencement Information

I2Reg. 5 in force at 22.3.2022, see reg. 1(1)

(1)

S.I. 1976/409. Regulation 9C is inserted by S.I. 2017/1015. Paragraph (1A) is inserted by S.I. 2021/1034.

(2)

S.I. 1991/2740. Regulation 2C is inserted by S.I. 2017/1015. Paragraph (1A) is inserted by S.I. 2021/1034.

(3)

S.I. 1991/2890. Regulation 2C is inserted by S.I. 2017/1015. Paragraph (1A) is inserted by S.I. 2021/1034.

(4)

S.I. 2013/377. Regulation 23A is inserted by S.I. 2017/1015. Paragraph (1A) is inserted by S.I. 2021/1034.

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