The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023

Amendments to disability and carer’s benefit legislation

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

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

(b) after sub-paragraph (f) insert—

“; or

(g) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—

(i) was residing in Sudan before 15th April 2023; and

(ii) left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan”.

(2) Those provisions are—

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

(b) regulation 2C(1) of the Social Security (Attendance Allowance) Regulations 1991(2); and

(c) regulation 2C(1) of the Social Security (Disability Living Allowance) Regulations 1991(3).

(1)

S.I. 1976/409. Regulation 9C is inserted by S.I. 2017/1015. Relevant amendments are made by S.I. 2021/1034 and 2022/344 and 990.

(2)

S.I. 1991/2740. Regulation 2C is inserted by S.I. 2017/1015. Relevant amendments are made by S.I. 2021/1034 and 2022/344 and 990.

(3)

S.I. 1991/2890. Regulation 2C is inserted by S.I. 2017/1015. Relevant amendments are made by S.I. 2021/1034 and 2022/344 and 990.