xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

PART 4Residence and presence conditions

[F1[F2Refugees and certain persons with leave to enter or remain in the United Kingdom]

23A.—(1) Regulation 16(b) does not apply in relation to a claim for personal independence payment where C has—

(a)been granted refugee status or humanitarian protection under the immigration rules; F3...

(b)leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

[F4(c)leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—

(i)the Afghan Relocations and Assistance Policy; or

(ii)the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);

(d)been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c); F5...

(e)leave granted under the Afghan Citizens Resettlement Scheme]; F6[F7...

(f)leave to enter or remain in the United Kingdom granted under or outside the immigration rules [F8, a right] of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 [F9or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,] where C—

(i)was residing in Ukraine immediately before 1st January 2022; and

(ii)left Ukraine in connection with the Russian invasion which took place on 24th February 2022]; [F10F11...

(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 C—

(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.][F12or

(h)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 C—

(i)was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023; and

(ii)left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack.]

[F13(1A) Regulation 16(c) shall not apply in relation to a claim for personal independence payment where [F14any sub-paragraph in paragraph (1)] applies to C.]

(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.]

Textual Amendments