PART 3AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES ONLY

Amendment of disability and carers benefit legislation4

1

The provisions specified in paragraph (4) are amended as follows.

2

For the title substitute “Refugees and certain persons with leave to enter or 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

Those provisions are—

a

regulation 9C of the Social Security (Invalid Care Allowance) Regulations 197619 (“the CA Regulations”);

b

regulation 2C of the Social Security (Attendance Allowance) Regulations 199120 (“the AA Regulations”);

c

regulation 2C of the Social Security (Disability Living Allowance) Regulations 199121 (“the DLA Regulations”); and

d

regulation 23A of the Social Security (Personal Independence Payment) Regulations 201322 (“the PIP Regulations”).

5

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.

6

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.

7

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.

8

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.