The Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Amendment) Regulations 2013

Amendment of the Social Security (Carer’s Allowance) Regulations 1976

2.—(1) The Social Security (Carer’s Allowance) Regulations 1976(1) are amended as follows.

(2) In regulation 9 (conditions relating to residence and presence in Great Britain)(2)—

(a) in paragraph (1), after the words “of this regulation” insert the words “and regulations 9A and 9B”;

(b) in paragraph (1)(a)—

(i) for “ordinarily”, substitute “habitually”;

(ii) for “Great Britain”, substitute “the United Kingdom, the Republic of Ireland, the Isle of Man or the Channel Islands”;

(c) in paragraph (1)(c)—

(i) for “26”, substitute “104”;

(ii) for “12 months”, substitute “156 weeks”;

(d) for paragraph (3), substitute—

“(3) Notwithstanding that on any day a person is absent from Great Britain, he shall be treated as though he were—

(a) habitually resident and present in Great Britain for the purposes of paragraphs (1)(a) to (c) if—

(i) his absence is by reason only of the fact that on that day he is abroad in his capacity as a serving member of the forces and for this purpose “serving member of the forces” has the meaning given in regulation 1(2) of the Social Security (Contributions) Regulations 2001 (“the 2001 Regulations”); or

(ii) he is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person; and

(b) present in Great Britain for the purposes of paragraph (1)(b) and (c) if his absence is by reason only of the fact that on that day he is—

(i) abroad in his capacity as an airman within the meaning of regulation 111 of the 2001 Regulations or a mariner within the meaning of regulation 115 of those Regulations; or

(ii) in prescribed employment(3) in connection with continental shelf operations within the meaning of regulation 114(1) of those Regulations.”.

(3) After regulation 9 insert—

“Persons residing in Great Britain to whom a relevant EU Regulation applies

9A.— (1) Regulation 9(1)(c) shall not apply where on any day—

(a) the person is habitually resident in Great Britain;

(b) a relevant EU Regulation applies; and

(c) the person can demonstrate a genuine and sufficient link to the United Kingdom social security system.

(2) For the purposes of paragraph (1)(b) and regulation 9B, “relevant EU Regulation” has the meaning given by section 84(2) of the Welfare Reform Act 2012(4).

Persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies

9B.   Regulation 9(1)(a) to (c) shall not apply where on any day—

(a) the person is habitually resident in—

(i) an EEA state other than the United Kingdom; or

(ii) Switzerland;

(b) a relevant EU Regulation applies; and

(c) the person can demonstrate a genuine and sufficient link to the United Kingdom social security system.”.

(1)

S.I. 1976/409.

(2)

Paragraph (1) of regulation 9 was amended by the Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regulation 2(8)(a), and the Social Security Amendment (Carer’s Allowance) Regulations 2002 (S.I. 2002/2497), Schedule 2, paragraphs 1 and 2 (which substituted the words ‘carer’s allowance for ‘invalid care allowance’). Paragraph (1)(ia) was substituted by the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regulation 8(1) and (2). Paragraph (3) was substituted by the Social Security (Child Benefit Consequential) Regulations 1977 (S.I. 1977/342), regulation 18, and amended by the Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc Provisions) Order 2005 (S.I. 2005/2877), Schedule 3, paragraph 6. There are other amendments not relevant to these Regulations.

(3)

Employment which is prescribed under regulation 114(1) of the Social Security (Contributions) Regulations 2001 (S.I. 2001/1004) is employment in any area which may from time to time be designated by Order in Council under section 1(7) of the Continental Shelf Act 1964 (1964 c.29), where the employment is in connection with any activity mentioned in section 11(2) of the Petroleum Act 1998 (1998 c.17).

(4)

2012 c.5.