The Social Security (Habitual Residence) Amendment Regulations 2004

Transitional arrangements and savings E+W+S

6.—(1) Paragraph (2) shall apply where a person—

(a) is entitled to a specified benefit in respect of a period which includes 30th April 2004;

(b) claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to that benefit in respect of a period which includes 30th April 2004;

(c) claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to such a benefit in respect of a period which is continuous with a period of entitlement to the same or another specified benefit which includes 30th April 2004;

[F1 (ca) to whom sub-paragraph (c) applied, claims an employment and support allowance and it is subsequently determined that he is entitled to that benefit, and this entitlement is linked to a previous period of entitlement by virtue of regulation 145(1) of the Employment and Support Allowance Regulations (linking rules);]

(d) claims jobseeker’s allowance on or after 1st May 2004 and it is subsequently determined that he is entitled to jobseeker’s allowance in respect of a period of entitlement to that benefit which is linked to a previous period of entitlement which includes 30th April 2004 by virtue of regulations made under paragraph 3 of Schedule 1 to the Jobseekers Act 1995 M1 .

(2) Where this paragraph applies—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) regulation 21 of the Income Support Regulations shall continue to have effect as if regulation 3 had not been made;

(c) regulation 85 of the Jobseeker’s Allowance Regulations shall continue to have effect as if regulation 4 had not been made;F3 ...

(d) regulation 2 of the State Pension Credit Regulations shall continue to have effect as if regulation 5 had not been made[F4 ; and

(e) regulation 70(2) to (4) of the Employment and Support Allowance Regulations (special cases: supplemental – persons from abroad) does not apply.]

(3) The provisions saved by paragraph (2) shall continue to have effect until the date on which entitlement to a specified benefit for the purposes of paragraph (1) ceases, and if there is more than one such specified benefit, until the last date on which such entitlement ceases.

[F5 (4) In this regulation—

(a) “the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008; and

(b) “specified benefit” means income support, housing benefit, council tax benefit, jobseeker’s allowance, state pension credit and employment and support allowance.]

Textual Amendments

F1 Reg. 6(1)(ca) added (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 17(a)

F2 Reg. 6(2)(a) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Schs. 3, Sch. 4)

F3 Word in reg. 6(2)(c) omitted (31.10.2011) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 17(b)(i)

F4 Reg. 6(2)(e) and word added (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 17(b)(ii)

F5 Reg. 6(4) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 17(c)

Marginal Citations

M1 1995 c. 18. See S.I. 1996/207, 2000/724, 2001/1029 and 2003/511.