The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023

Statutory Instruments

2023 No. 1144

Social Security

The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023

Made

at 11.34 a.m. on 26th October 2023

Laid before Parliament

at 12.45 p.m. on 26th October 2023

Coming into force

27th October 2023

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 64(1), 70(4), 71(6), 123(1)(a) and (d), 130A(2), 135(1), 136(3) and (5), 136A(3), 137(2)(a) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1), sections 4(5), 12(1) and (4) and 36(2) of, and paragraph 11(2) of Schedule 1 to the Jobseekers Act 1995(2), sections 1(5)(a), 15(3) and (6) and 19(1) of the State Pension Credit Act 2002(3), sections 17(1) and (3) and 25(2) and (3) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act 2007(4) and sections 4(5)(a), 42(1) to (3), 77(3), 92(1) and 94(2) and (3)(a) of, and paragraph 4(1) and (3) of Schedule 1 to, the Welfare Reform Act 2012(5).

In accordance with section 173(1)(a) of the Social Security Administration Act 1992(6), it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee.

In accordance with section 176(2)(a) of that Act, it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient for the Secretary of State to consult with bodies representative of the authorities concerned.

(1)

1992 c. 4 (“the Contributions and Benefits Act”). Section 130A is inserted by section 30(2) of the Welfare Reform Act 2007 (c. 5). Section 136A is inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act 2002 (c. 16). See section 137(1) for the meaning given to “prescribed”.

(2)

1995 c. 18. See section 35(1) for the meanings given to “prescribed” and “regulations”.

(3)

2002 c. 16. Section 175(3) and (4) of the Contributions and Benefits Act is applied by section 19(1). See section 17(1) for the meaning given to “prescribed”.

(4)

2007 c. 5. See section 24(1) for the meaning given to “regulations”.

(5)

2012 c. 5 (“the 2012 Act”). See sections 40 and 95 for the meaning given to “prescribed”.

(6)

1992 c. 5.