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.