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

• Citation: S.I. 2023/532
• Sections: 5

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2023 and come into force on 15th May 2023.

(2) Part 2, and this Part in so far as it relates to Part 2, extend to England and Wales and Scotland .

(3) Part 3, and this Part in so far as it relates to Part 3, extend to England and Wales only .

Section 2 Amendments to income-related benefit legislation

(1) In the provisions specified in paragraph (2), after sub-paragraph (zzc) insert—

(zzd) a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 ;

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act ; or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act ;

(2) 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 Amendments to the Universal Credit Regulations 2013

In regulation 9(4) of the Universal Credit Regulations 2013 , after sub-paragraph (zc) insert—

(zd) a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

Section 4 Amendments to disability and carer’s benefit legislation

(1) In the provisions specified in paragraph (2)—

(a) at the end of sub-paragraph (e), omit “or”;

(b) after sub-paragraph (f) insert—

; or

(g) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—

(i) was residing in Sudan before 15th April 2023; and

(ii) left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan

(2) Those provisions are—

(a) regulation 9C(1) of the Social Security (Invalid Care Allowance) Regulations 1976 ;

(b) regulation 2C(1) of the Social Security (Attendance Allowance) Regulations 1991 ; and

(c) regulation 2C(1) of the Social Security (Disability Living Allowance) Regulations 1991 .

Section 5 Amendments to the Social Security (Personal Independence Payment) Regulations 2013

In regulation 23A(1) of the Social Security (Personal Independence Payment) Regulations 2013 —

(a) at the end of sub-paragraph (e), omit “or”;

(b) after sub-paragraph (f) insert—

; or

(g) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—

(i) was residing in Sudan before 15th April 2023; and

(ii) left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan