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There are currently no known outstanding effects for the The Social Security (Personal Independence Payment) Regulations 2013, PART 4.
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16. Subject to the following provisions of this Part, the prescribed conditions for the purposes of section 77(3) of the Act as to residence and presence in Great Britain are that on any day for which C claims personal independence payment C—
(a)is present in Great Britain;
(b)has been present in Great Britain 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 1999 F1; or
(ii)to whom, by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 F2, section 115 of that Act does not apply for the purpose of personal independence payment.
Textual Amendments
F11999 c.33. Section 115 was amended by the Act, Schedule 9, paragraph 44. There are other amendments not relevant to these Regulations.
F2Regulation 2 was amended by S.I. 2013/388. There are other amendments not relevant to these Regulations.
Commencement Information
I1Reg. 16 coming into force in accordance with reg. 1(2) and S.I. 2013/358
17.—(1) Where C is temporarily absent from Great Britain, C is treated as present in Great Britain for the purposes of regulation 16(a) and (b) for the first 13 weeks of absence.
(2) C is temporarily absent if, at the beginning of the period of absence, C's absence is unlikely to exceed 52 weeks.
Commencement Information
I2Reg. 17 coming into force in accordance with reg. 1(2) and S.I. 2013/358
18.—(1) Where C is temporarily absent from Great Britain, C is treated as present in Great Britain for the purposes of regulation 16(a) and (b) for the first 26 weeks of that absence, where—
(a)C's absence is solely in connection with arrangements made for the medical treatment of C for a disease or bodily or mental disablement which commenced before C left Great Britain; and
(b)the arrangements referred to in paragraph (1)(a) relate to medical treatment –
(i)outside Great Britain;
(ii)during the period whilst C is temporarily absent from Great Britain; and
(iii)by, or under the supervision of, a person appropriately qualified to carry out that treatment.
(2) In this regulation, “temporarily absent” has the same meaning as in regulation 17(2).
Commencement Information
I3Reg. 18 coming into force in accordance with reg. 1(2) and S.I. 2013/358
19.—(1) Where C is absent from Great Britain, C is treated as present in Great Britain for the purposes of regulation 16(a) and (b), where —
(a)C is abroad in the capacity of–
(i)a member of Her Majesty's forces;
(ii)an aircraft worker; or
(iii)a mariner; or
(b)C is in employment prescribed for the purposes of section 120 (employment at sea (continental shelf operations)) of the Social Security Contributions and Benefits Act 1992 F3 in connection with continental shelf operations; or
(c)C is living with a person mentioned in paragraph (a)(i) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person.
(2) In this regulation and in regulation 20, “a member of Her Majesty's forces” means a member of “the regular forces” or “the reserve forces” as defined in section 374 of the Armed Forces Act 2006 F4, other than a person who is specified in Schedule 2, who is–
(a)over the age of 16; and
(b)not absent on desertion.
(3) In this regulation—
“aircraft worker” means a person who is employed under a contract of service either as a pilot, commander, navigator or other member of the crew of any aircraft, or in any other capacity on board any aircraft where–
the employment in that other capacity is for the purposes of the aircraft or its crew or of any passengers or cargo or mail carried on that aircraft; and
the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the aircraft is in flight,
but does not include a person who is in employment as a member of Her Majesty's forces;
“mariner” means a person who is in employment under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel where –
the employment in that other capacity is for the purposes of that ship or vessel or the crew or any passengers or cargo or mail carried by the ship or vessel; and
the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on voyage,
but does not include a person who is in employment as a member of Her Majesty's forces.
Textual Amendments
F31992 c.4. Section 120(2) was amended by the Social Security Act 1998, section 86(1) and Schedule 7, paragraph 70, the Petroleum Act 1998 (c.17), Schedule 4, paragraph 30 and the Social Security Contributions (Transfer of Functions, etc.) Act 1999, Schedule 3, paragraph 26 and Schedule 7, paragraph 8.
Commencement Information
I4Reg. 19 coming into force in accordance with reg. 1(2) and S.I. 2013/358
20. C is treated as habitually resident in Great Britain for the purposes of regulation 16(c) where—
(a)C is resident outside Great Britain in the capacity of a member of Her Majesty's forces; or
(b)C is living with a person mentioned in paragraph (a) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person.
Commencement Information
I5Reg. 20 coming into force in accordance with reg. 1(2) and S.I. 2013/358
21. Where C is terminally ill and makes a claim for personal independence payment expressly on that ground, regulation 16 applies as if paragraph (b) were omitted.
Commencement Information
I6Reg. 21 coming into force in accordance with reg. 1(2) and S.I. 2013/358
22. Regulation 16(b) does not apply in relation to a claim for personal independence payment where on any day–
(a)C is habitually resident in Great Britain;
(b)a relevant EU Regulation F5 applies; and
(c)C can demonstrate a genuine and sufficient link to the United Kingdom social security system.
Textual Amendments
F5See section 84(2) of the Act for the meaning of ‘relevant EU Regulation’.
Commencement Information
I7Reg. 22 coming into force in accordance with reg. 1(2) and S.I. 2013/358
23. Regulation 16(a) to (c) does not apply in relation to entitlement to the daily living component of personal independence payment where on any day—
(a)C is habitually resident in–
(i)an EEA stateF7...; or
(ii)Switzerland;
(b)a relevant EU Regulation applies; and
(c)C can demonstrate a genuine and sufficient link to the United Kingdom social security system.
Textual Amendments
F6Words in reg. 23 title omitted (31.12.2020) by virtue of The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), reg. 1(2), Sch. para. 10(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in reg. 23(a)(i) omitted (31.12.2020) by virtue of The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), reg. 1(2), Sch. para. 10(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I8Reg. 23 coming into force in accordance with reg. 1(2) and S.I. 2013/358
23ZA. Where regulation 36(1) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 applies to C, regulation 16(c) of these Regulations is treated as not satisfied for the period set out in regulation 36(1) of those Regulations.]
Textual Amendments
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; F10...
(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.
[F11(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.]
[F12(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.]
[F13(2) For the purposes of this regulation—
(a)“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,
(b)“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.]
Textual Amendments
F9Reg. 23A heading substituted (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(2)(5)(d)
F10Word in reg. 23A(1)(a) omitted (15.9.2021) by virtue of The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(3)(a)(5)(d)
F11Reg. 23A(1)(c)-(e) inserted (S.) (15.9.2021) by The Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021 (S.S.I. 2021/320), regs. 1(1), 2(3)(b)(5)(d); (E.W.) (16.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 (S.I. 2021/1034), regs. 1(1), 4(3)(b), (4)
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