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PART 3N.I.AMENDMENTS TO SECONDARY LEGISLATION

Amendment of the Social Security (Habitual Residence Amendment) RegulationsN.I.

17.  In regulation 6 of the Social Security (Habitual Residence Amendment) Regulations (Northern Ireland) 2004(1) (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.; and

(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) 2008(2); and

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

Commencement Information

I1Reg. 17 in operation at 31.10.2011, see reg. 1(1)

(1)

S.R. 2004 No. 197, these Regulations were revoked by regulation 8(1)(d) (but transitional arrangements and savings in regulation 6 continue in operation by virtue of regulation 8(2)(b) of S.R 2006 No. 178