PART 3AMENDMENTS TO SECONDARY LEGISLATION

Amendment of the Social Security (Habitual Residence Amendment) RegulationsI117

In regulation 6 of the Social Security (Habitual Residence Amendment) Regulations (Northern Ireland) 200484 (transitional arrangements and savings)—

a

after paragraph (1)(c) add—

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);

b

in paragraph (2)—

i

after sub-paragraph (c) omit “and”, and

ii

after sub-paragraph (d) add—

; and

e

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

c

for paragraph (4) substitute—

4

In this regulation—

a

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 200885; and

b

“specified benefit” means income support, housing benefit, jobseeker’s allowance, state pension credit and employment and support allowance.