Statutory Instruments

2004 No. 1232

SOCIAL SECURITY

The Social Security (Habitual Residence) Amendment Regulations 2004

Made

28th April 2004

Laid before Parliament

30th April 2004

Coming into force

1st May 2004

^M1^,^M2^,^M3^,^M4^,^M5 The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 131(3)(b), 135(1) and (2), 137(1) and (2)(i) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 , sections 4(5), 35(1) and 36(2) and (4) of the Jobseekers Act 1995 and section 1(5)(a) and 17(1) of the State Pension Credit Act 2002 and of all other powers enabling him in that behalf, after consultation with such organisations appearing to him to be representative of the authorities concerned in so far as they relate to housing benefit and council tax benefit and after reference to the Social Security Advisory Committee , hereby makes the following Regulations:

Citation, commencement and interpretation

^F1 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F1 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Income Support Regulations

^F1 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Jobseeker’s Allowance Regulations

^F1 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the State Pension Credit Regulations

^F1 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional arrangements and savings

6. —(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;

[^F2 (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); ^F2]

(d) ^M6 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—

^F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(c) ^F4 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 [^F5 ; and

(e) regulation 70(2) to (4) of the Employment and Support Allowance Regulations (special cases: supplemental – persons from abroad) does not apply. ^F5]

(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.

[^F6 (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. ^F6]

Signed by authority of the Secretary of State for Work and Pensions.

Maria Eagle

Parliamentary Under-Secretary of State,

Department for Work and Pensions

28th April 2004

in force	Provision is in force
in force*	In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
italics	Defined term
_dfn	Defined term (alternative style)
gry bckgrd	the in-force status of the provision is complex, check the footnotes

in force

Provision is in force

in force*

In force only for specified purposes (for detail about the purposes see/hover footnote)

not in force

Not in force in England (may be in force in other geographies, see footnotes)

italics

Defined term

_dfn

Defined term (alternative style)

gry bckgrd

the in-force status of the provision is complex, check the footnotes

footnote	commentary	related provisions	insert/omit
F1	Regulations, apart from reg. 6, revoked (30.4.2006) by Social Security (Persons from Abroad) Amendment Regulations 2006 (S.I. 2006/1026) , regs. 1 , 11(1)(d) (with reg. 11(2) )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regulations, apart from reg. 6, revoked (30.4.2006) by Social Security (Persons from Abroad) Amendment Regulations 2006 (S.I. 2006/1026) , regs. 1 , 11(1)(d) (with reg. 11(2) )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regulations, apart from reg. 6, revoked (30.4.2006) by Social Security (Persons from Abroad) Amendment Regulations 2006 (S.I. 2006/1026) , regs. 1 , 11(1)(d) (with reg. 11(2) )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regulations, apart from reg. 6, revoked (30.4.2006) by Social Security (Persons from Abroad) Amendment Regulations 2006 (S.I. 2006/1026) , regs. 1 , 11(1)(d) (with reg. 11(2) )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regulations, apart from reg. 6, revoked (30.4.2006) by Social Security (Persons from Abroad) Amendment Regulations 2006 (S.I. 2006/1026) , regs. 1 , 11(1)(d) (with reg. 11(2) )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2	Reg. 6(1)(ca) added (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425) , regs. 1(2) , 17(a)		added
F3	Reg. 6(2)(a) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Schs. 3 , Sch. 4 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4	Word in reg. 6(2)(c) omitted (31.10.2011) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425) , regs. 1(2) , 17(b)(i)		omitted
F5	Reg. 6(2)(e) and word added (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425) , regs. 1(2) , 17(b)(ii)		added
F6	Reg. 6(4) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425) , regs. 1(2) , 17(c)		substituted
M1	1992 c. 4 ; sections 123 , 131 , 135 and 137 were amended with respect to council tax benefit, by Schedule 9 to the Local Government Finance Act 1992 (c. 14) , paragraphs 1(1) , 4 , 8 and 9. Section 137(1) is cited because of the meaning given to the word “prescribed”.
M2	1995 c. 18 ; section 35(1) is cited because of the meaning given to the words “applicable amount”, “prescribed” and “regulations”.
M3	2002 c. 16 ; section 17(1) is cited for the meaning given to the word “prescribed”.
M4	See section 176(1) of the Social Security Administration Act 1992 (c. 5) which was amended by paragraph 23 of Schedule 9 to the Local Government Finance Act 1992.
M5	See section 172(1) of the Social Security Administration Act 1992 (c. 5) ; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.
M6	1995 c. 18 . See S.I. 1996/207 , 2000/724, 2001/1029 and 2003/511.

Defined Term	Section/Article	ID	Scope of Application
specified benefit	reg. 6.	def_c48a2c92df
the Employment and Support Allowance Regulations	reg. 6.	def_b3efb01429