Amendment of disability and carers benefit legislation2

1

The provisions specified in paragraph (5) are amended in accordance with paragraphs (2), (3), (4), (6), (7), (8) and (9).

2

For the heading substitute “Refugees and certain persons with leave to enter and remain in the United Kingdom”.

3

In paragraph (1)—

a

at the end of sub-paragraph (a), omit “or”,

b

after sub-paragraph (b) insert—

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), or

e

leave granted under the Afghan Citizens Resettlement Scheme.

4

For paragraph (2) substitute—

2

For the purposes of this regulation—

a

“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 19715,

b

“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 20216.

5

The provisions mentioned in paragraph (1) are—

a

regulation 9C of the Social Security (Invalid Care Allowance) Regulations 19767 (“the CA Regulations”),

b

regulation 2C of the Social Security (Attendance Allowance) Regulations 19918 (“the AA Regulations”),

c

regulation 2C of the Social Security (Disability Living Allowance) Regulations 19919 (“the DLA Regulations”), and

d

regulation 23A of the Social Security (Personal Independence Payment) Regulations 201310 (“the PIP Regulations”).

6

In regulation 9C of the CA Regulations, after paragraph (1) insert—

1A

Regulation 9(1)(a) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.

7

In regulation 2C of the AA Regulations, after paragraph (1) insert—

1A

Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.

8

In regulation 2C of the DLA Regulations, after paragraph (1) insert—

1A

Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.

9

In regulation 23A of the PIP Regulations, after paragraph (1) insert—

1A

Regulation 16(c) does not apply in relation to a claim for personal independence payment where paragraph (1)(c), (d) or (e) applies to C.