PART 4Residence and presence conditions

F1Refugees and certain persons with leave to enter and remain in the United Kingdom23A

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.

F4c

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.

F21A

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.

F52

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.