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The Social Security (Miscellaneous Amendments No. 4) Regulations 2017

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Amendment of the Social Security (Attendance Allowance) Regulations 1991

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6.—(1) The Social Security (Attendance Allowance) Regulations 1991(1) are amended as follows.

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

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

(2)

Relevant amending instrument is S.I. 2013/389.

(3)

Regulation 2B was inserted by S.I. 2013/389.

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