The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022

Amendments to income-related benefit legislation

2.—(1) In the provisions specified in paragraph (2)—

(a) at the end of paragraph (i) omit “or”;

(b) at the end of paragraph (ii) insert “or”;

(c) after paragraph (ii) insert—

“(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act(1);”.

(2) Those provisions are—

(a) regulation 21AA(4)(zzc) of the Income Support (General) Regulations 1987(2);

(b) regulation 85A(4)(zzc) of the Jobseeker’s Allowance Regulations 1996(3);

(c) regulation 2(4)(zzc) of the State Pension Credit Regulations 2002(4);

(d) regulation 10(3B)(zzc) of the Housing Benefit Regulations 2006(5);

(e) regulation 10(4A)(zzc) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(6);

(f) regulation 70(4)(zzc) of the Employment and Support Allowance Regulations 2008(7); and

(g) regulation 9(4)(zc) of the Universal Credit Regulations 2013(8).

(1)

Section 3ZA is inserted into the Immigration Act 1971 (c. 77) by section 2(2) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20).

(2)

S.I. 1987/1967. Regulation 21AA is inserted by S.I. 2006/1026. Relevant amendments are made by S.I. 2006/2528, 2009/362, 2013/2536, 2014/902, 2019/872, 2020/683 and 1309, 2021/1034 and 2022/344.

(3)

S.I. 1996/207. Regulation 85A is inserted by S.I. 2006/1026. Relevant amendments are made by S.I. 2006/2528, 2009/362, 2013/2536, 2014/902, 2019/872, 2020/683 and 1309, 2021/1034 and 2022/344.

(4)

S.I. 2002/1792. Regulation 2 is substituted by S.I. 2006/1026. Relevant amendments are made by S.I. 2006/2528, 2009/362, 2013/2536, 2014/902, 2019/872, 2020/683 and 1309, 2021/1034 and 2022/344.

(5)

S.I. 2006/213. Relevant amendments are made by S.I. 2006/1026 and 2528, 2009/362, 2013/2536, 2014/902, 2019/872, 2020/683 and 1309, 2021/1034 and 2022/344.

(6)

S.I. 2006/214. Relevant amendments are made by S.I. 2006/1026 and 2528, 2009/362, 2013/2536, 2014/902, 2019/872, 2020/683 and 1309, 2021/1034 and 2022/344.

(7)

S.I. 2008/794. Relevant amendments are made by S.I. 2009/362, 2013/2536, 2014/902, 2019/872, 2020/683 and 1309, 2021/1034 and 2022/344.

(8)

S.I. 2013/376. Relevant amendments are made by S.I. 2013/1508, 2020/683 and 1309, 2021/1034 and 2022/344.