The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1998

Common amendments with respect to persons from abroad

11.—(1) In each of the regulations specified in paragraph (2) (conditions affecting the entitlement of a person from abroad to the relevant benefits) for “to remain in the United Kingdom by the Secretary of State” there shall be substituted—

“(i) to enter the United Kingdom by an immigration officer appointed for the purposes of the Immigration Act 1971(1), or

(ii) to remain in the United Kingdom by the Secretary of State”.

(2) The regulations specified in this paragraph are—

(a) regulation 16B(b) of the Child Benefit (General) Regulations (Northern Ireland) 1979(2);

(b) regulation 5(1A)(b) of the Disability Working Allowance Regulations(3);

(c) regulation 3(1A)(b) of the Family Credit Regulations(4);

(d) regulation 2(1A)(b) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992(5);

(e) regulation 2(1A)(b) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(6);

(f) regulation 9(1A)(b) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(7), and

(g) regulation 3(1A)(b) of the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984(8).

(3) In each of the regulations specified in paragraph (4) (conditions affecting the entitlement of a person from abroad to the relevant benefits) after “exceptional leave” there shall be inserted “to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971, or”.

(4) The regulations specified in this paragraph are—

(a) regulation 7A(4)(e)(iii) of the Housing Benefit Regulations(9);

(b) regulation 21(3) of the Income Support Regulations(10) in sub-paragraph (c) of the second definition of “person from abroad”, and

(c) regulation 85(4) of the Jobseeker’s Allowance Regulations(11) in sub-paragraph (c) of the second definition of “person from abroad”.

(1)

1971 c. 77

(2)

S.R. 1979 No. 5; regulation 16B was inserted by regulation 2 of S.R. 1996 No. 422 and amended by S.R. 1996 No. 469

(3)

Regulation 5(1A) was inserted by regulation 10(b) of S.R. 1996 No. 11

(4)

Regulation 3(1A) was inserted by regulation 6(b) of S.R. 1996 No. 11

(5)

S.R. 1992 No. 20; regulation 2(1A) was inserted by regulation 8(b) of S.R. 1996 No. 11

(6)

S.R. 1992 No. 32; regulation 2(1A) was inserted by regulation 9(b) of S.R. 1996 No. 11

(7)

S.R. 1976 No. 99; regulation 9(1A) was inserted by regulation 2(b) of S.R. 1996 No. 11

(8)

S.R. 1984 No. 317; regulation 3(1A) was inserted by regulation 3(b) of S.R. 1996 No. 11

(9)

Regulation 7A was inserted by regulation 2(1) of S.R. 1994 No. 80, sub-paragraph (e) was added by regulation 3(1)(a) of S.R. 1994 No. 266 and amended by S.R. 1996 Nos. 405 and 448

(10)

Relevant amending Regulations are S.R. 1994 No. 266 and S.R. 1996 Nos. 375 and 405

(11)

Relevant amending Regulations are S.R. 1996 Nos. 356 and 503