The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021

• Citation: S.I. 2021/1034
• Sections: 4

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 and come into force on 15th September 2021.

(2) Part 2 extends to England and Wales and Scotland .

(3) Part 3 extends to England and Wales only .

Section 2 Amendment of income-related benefit legislation

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

(2) Before sub-paragraph (za) insert—

(zza) a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971 , where such leave is granted 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);

(zzb) a person in Great Britain not coming within sub-paragraph (zza) or (h)(iv) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;

(3) In sub-paragraph (h)—

(a) at the end of (ii), omit “or”;

(b) after (iii) insert—

or

(iv) granted under the Afghan Citizens Resettlement Scheme ;

(4) Those provisions are—

(a) regulation 21AA(4) of the Income Support (General) Regulations 1987 ;

(b) regulation 85A(4) of the Jobseeker’s Allowance Regulations 1996 ;

(c) regulation 2(4) of the State Pension Credit Regulations 2002 ;

(d) regulation 10(3B) of the Housing Benefit Regulations 2006 ;

(e) regulation 10(4A) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ; and

(f) regulation 70(4) of the Employment and Support Allowance Regulations 2008 .

Section 3 Amendment of the Universal Credit Regulations 2013

(1) Regulation 9(4) of the Universal Credit Regulations 2013 is amended as follows.

(2) Before sub-paragraph (a) insert—

(za) a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted 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);

(zb) a person in Great Britain not coming within sub-paragraph (za) or (e)(iv) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;

(3) In sub-paragraph (e)—

(a) at the end of (ii), omit “or”;

(b) after (iii) insert—

or

(iv) granted under the Afghan Citizens Resettlement Scheme;

Section 4 Amendment of disability and carers benefit legislation

(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 1976 (“the CA Regulations”);

(b) regulation 2C of the Social Security (Attendance Allowance) Regulations 1991 (“the AA Regulations”);

(c) regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991 (“the DLA Regulations”); and

(d) regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013 (“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.