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

Statutory Instruments

2023 No. 532

Social Security

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

Made

at 8.01 a.m. on 12th May 2023

Laid before Parliament

at 1.00 p.m. on 12th May 2023

Coming into force

15th May 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), 137(2)(a) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992(1), section 36(2) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers Act 1995(2), section 1(5)(a) of the State Pension Credit Act 2002(3), section 25(2) and (3) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act 2007(4) and sections 4(5)(a), 42(2), 77(3), 92(1) and 94(2) and (3)(a) of the Welfare Reform Act 2012(5).

In respect of the provisions relating to housing benefit, the Secretary of State has not consulted organisations appearing to be representative of the authorities concerned because it appears to the Secretary of State to be inexpedient to do so by reason of the urgency of the matter(6).

For the same reason, it appears to the Secretary of State to be inexpedient to refer the proposals to make these Regulations to the Social Security Advisory Committee(7).

(1)

1992 c. 4 (“the Contributions and Benefits Act”). See section 122(1) for the meaning given to “prescribe” and section 137(1) for the meaning given to “prescribed”.

(2)

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

(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)

See section 176(2)(a) of the Social Security Administration Act 1992 (c. 5).

(7)

See section 173(1)(a) and (2) of the Social Security Administration Act 1992.