PART 4Residence and presence conditions

Conditions relating to residence and presence in Northern Ireland16

Subject to the following provisions of this Part, the prescribed conditions for the purposes of Article 82(3) as to residence and presence in Northern Ireland are that on any day for which C claims personal independence payment C—

a

is present in Northern Ireland;

b

has been present in Northern Ireland for a period of, or periods amounting in aggregate to, not less than 104 weeks out of the 156 weeks immediately preceding that day;

c

is habitually resident in the United Kingdom, the Republic of Ireland, the Isle of Man or the Channel Islands; and

d

is a person—

i

who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 19997, or

ii

to whom, by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 20008, section 115 of that Act does not apply for the purpose of personal independence payment.