Amendment of the Social Security (Disability Living Allowance) Regulations 19917

1

The Social Security (Disability Living Allowance) Regulations 199122 are amended as follows.

2

In regulation 2(1) (conditions as to residence and presence in Great Britain)23, 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)24, insert—

Refugees2C

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.