The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022

Amendment of income-related benefit legislation N.I.

2.—(1) In the provisions specified in paragraph (2)—

(a) at the end of head (i) omit “or”;

(b) at the end of head (ii) add “or”;

(c) after head (ii) add—

“(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA(1) of that Act;”.

(2) The provisions referred to in paragraph (1) are—

(a) regulation 21AA(4)(zzc) of the Income Support (General) Regulations (Northern Ireland) 1987(2) (special cases: supplemental–persons from abroad);

(b) regulation 85A(4)(zzc) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(3) (special cases: supplemental–persons from abroad);

(c) regulation 2(4)(zzc) of the State Pension Credit Regulations (Northern Ireland) 2003(4) (persons not in Northern Ireland);

(d) regulation 10(5)(zzc) of the Housing Benefit Regulations (Northern Ireland) 2006(5) (persons from abroad);

(e) regulation 10(5)(zzc) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(6) (persons from abroad);

(f) regulation 70(4)(zzc) of the Employment and Support Allowance Regulations (Northern Ireland) 2008(7) (special cases: supplemental – persons from abroad);

(g) regulation 9(4)(zc) of the Universal Credit Regulations (Northern Ireland) 2016(8) (persons treated as not being in Northern Ireland).

Commencement Information

I1 Reg. 2 in operation at 18.10.2022, see reg. 1

(1)

Section 3ZA was inserted into the Immigration Act 1971 (c. 77) by section 2(2) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20)

(2)

S.R. 1987 No. 459; regulation 21AA was inserted by regulation 2(3) of S.R. 2006 No. 178 and paragraph (4)(zzc) was inserted by regulation 2(3) of S.R. 2022 No. 149; relevant amending Regulations are S.R. 2021 No. 269

(3)

S.R. 1996 No. 198; regulation 85A was inserted by regulation 4(3) of S.R. 2006 No. 178 and paragraph (4)(zzc) was inserted by regulation 2(3) of S.R. 2022 No. 149; relevant amending Regulations are S.R. 2021 No. 269

(4)

S.R. 2003 No. 28; regulation 2 was substituted by regulation 5 of S.R. 2006 No. 178 and paragraph (4)(zzc) was inserted by regulation 2(3) of S.R. 2022 No. 149; relevant amending Regulations are S.R. 2021 No. 269

(5)

S.R. 2006 No. 405; paragraph (5)(zzc) was inserted by regulation 2(3) of S.R. 2022 No. 149; relevant amending Regulations are S.R. 2021 No. 269

(6)

S.R. 2006 No. 406; paragraph (5)(zzc) was inserted by regulation 2(3) of S.R. 2022 No. 149; relevant amending Regulations are S.R. 2021 No. 269

(7)

S.R. 2008 No. 280; paragraph (4)(zzc) was inserted by regulation 2(3) of S.R. 2022 No. 149; relevant amending Regulations are S.R. 2021 No. 269

(8)

S.R. 2016 No. 216; paragraph (4)(zc) was inserted by regulation 3(3) of S.R. 2022 No. 149; relevant amending Regulations are S.R. 2021 No. 269