The Social Security (Habitual Residence) Amendment Regulations 2004

• Citation: S.I. 2004/1232
• Sections: 6

Section 1 Citation, commencement and interpretation

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Section 2 Amendment of the Council Tax Benefit Regulations and of the Housing Benefit Regulations

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Section 3 Amendment of the Income Support Regulations

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Section 4 Amendment of the Jobseeker’s Allowance Regulations

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Section 5 Amendment of the State Pension Credit Regulations

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Section 6 Transitional arrangements and savings

(1) Paragraph (2) shall apply where a person—

(a) is entitled to a specified benefit in respect of a period which includes 30th April 2004;

(b) claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to that benefit in respect of a period which includes 30th April 2004;

(c) claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to such a benefit in respect of a period which is continuous with a period of entitlement to the same or another specified benefit which includes 30th April 2004;

(ca) to whom sub-paragraph (c) applied, claims an employment and support allowance and it is subsequently determined that he is entitled to that benefit, and this entitlement is linked to a previous period of entitlement by virtue of regulation 145(1) of the Employment and Support Allowance Regulations (linking rules);

(d) claims jobseeker’s allowance on or after 1st May 2004 and it is subsequently determined that he is entitled to jobseeker’s allowance in respect of a period of entitlement to that benefit which is linked to a previous period of entitlement which includes 30th April 2004 by virtue of regulations made under paragraph 3 of Schedule 1 to the Jobseekers Act 1995 .

(2) Where this paragraph applies—

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(b) regulation 21 of the Income Support Regulations shall continue to have effect as if regulation 3 had not been made;

(c) regulation 85 of the Jobseeker’s Allowance Regulations shall continue to have effect as if regulation 4 had not been made; ...

(d) regulation 2 of the State Pension Credit Regulations shall continue to have effect as if regulation 5 had not been made ; and

(e) regulation 70(2) to (4) of the Employment and Support Allowance Regulations (special cases: supplemental – persons from abroad) does not apply.

(3) The provisions saved by paragraph (2) shall continue to have effect until the date on which entitlement to a specified benefit for the purposes of paragraph (1) ceases, and if there is more than one such specified benefit, until the last date on which such entitlement ceases.

(4) In this regulation—

(a) “the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008; and

(b) “specified benefit” means income support, housing benefit, council tax benefit, jobseeker’s allowance, state pension credit and employment and support allowance.