The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2017

Amendment of the Social Security (Disability Living Allowance) Regulations

8.—(1) The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1)(2) (conditions as to residence and presence in Northern Ireland) for “2A and 2B” substitute “2A, 2B and 2C”.

(3) After Regulation 2B(3) (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies) insert—

“Refugees

2C.— (1) Regulation 2(1)(a)(iii) shall not apply where the person has—

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

(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.

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

(1)

S.R. 1992 No. 32; relevant amending Regulations are S.R. 1993 No. 340, S.R. 1997 No. 69, S.R. 2000 No. 71, S.R. 2006 No. 359 and S.R. 2016 No. 229

(2)

Regulation 2(1) was amended by regulation 2(3)(a) of S.R. 1993 No. 340, regulation 3(2) of S.R. 1997 No. 69, regulation 9(a) of S.R. 2000 No. 71, regulation 8 of S.R. 2006 No. 359 and regulation 4(3)(a) of S.R. 2016 No. 229

(3)

Regulation 2B was inserted by regulation 4(4) of S.R. 2016 No. 229