Statutory Instruments
2022 No. 344
Social Security
The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022
Made
at 10.55 a.m. on 21st March 2022
Laid before Parliament
at 2.30 p.m. on 21st March 2022
Coming into force
22nd March 2022
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) and (4)(a) 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), (3) and (5)(a) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act 2007( 4 ) and sections 4(5)(a), 42(2) and (3)(a), 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 ).
PART 1 PRELIMINARY
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 and come into force on 22nd March 2022.
(2) Part 2 extends to England and Wales and Scotland( 8 ).
(3) Part 3 extends to England and Wales only.
PART 2 AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES AND SCOTLAND
Amendment of income-related benefit legislation
2. —(1) The provisions specified in paragraph (5) are amended as follows.
(2) In sub-paragraph (zzb) , for “(h)(iv)” substitute “(h)” .
(3) After sub-paragraph (zzb) insert—
“ (zzc) a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—
(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 ( 9 ) ; or
(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act ( 10 ) ; ” .
(4) In sub-paragraph (h), omit the words from “where that leave is” to the end of that sub-paragraph.
(5) Those provisions are—
(a) regulation 21AA(4) of the Income Support (General) Regulations 1987( 11 );
(b) regulation 85A(4) of the Jobseeker’s Allowance Regulations 1996( 12 );
(c) regulation 2(4) of the State Pension Credit Regulations 2002( 13 );
(d) regulation 10(3B) of the Housing Benefit Regulations 2006( 14 );
(e) regulation 10(4A) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006( 15 ); and
(f) regulation 70(4) of the Employment and Support Allowance Regulations 2008( 16 ).
Amendment of the Universal Credit Regulations 2013
3. —(1)Regulation 9(4) of the Universal Credit Regulations 2013( 17 ) is amended as follows.
(2) In sub-paragraph (zb) , for “(e)(iv)” substitute “(e)” .
(3) After sub-paragraph (zb) insert—
“ (zc) a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—
(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971; or
(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; ” .
(4) In sub-paragraph (e), omit the words from “where that leave is” to the end of that sub-paragraph.
PART 3 AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES ONLY
Amendment of disability and carers benefit legislation
4. —(1) The provisions specified in paragraph (4) are amended as follows.
(2) In paragraph (1)—
(a) at the end of sub-paragraph (d), omit “or”;
(b) after sub-paragraph (e) insert—
“ or
(f) leave to enter or remain in the United Kingdom granted under or outside the immigration rules or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 where the person—
(i) was residing in Ukraine immediately before 1st January 2022; and
(ii) left Ukraine in connection with the Russian invasion which took place on 24th February 2022. ” .
(3) In paragraph (1A), for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)” .
(4) Those provisions are—
(a) regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976( 18 );
(b) regulation 2C of the Social Security (Attendance Allowance) Regulations 1991( 19 ); and
(c) regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991( 20 ).
Amendment of the Social Security (Personal Independence Payment) Regulations 2013
5. —(1)Regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013( 21 ) is amended as follows.
(2) In paragraph (1)—
(a) at the end of sub-paragraph (d), omit “or”;
(b) after sub-paragraph (e) insert—
“ or
(f) leave to enter or remain in the United Kingdom granted under or outside the immigration rules or a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 where C—
(i) was residing in Ukraine immediately before 1st January 2022; and
(ii) left Ukraine in connection with the Russian invasion which took place on 24th February 2022. ” .
(3) In paragraph (1A), for “paragraph (1)(c), (d) or (e)” substitute “any sub-paragraph in paragraph (1)” .
David Rutley
Parliamentary Under Secretary of State
Department for Work and Pensions
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”.
1995 c. 18 . See section 35(1) for the meaning given to “regulations”.
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”.
2007 c. 5 . See section 24 for the meaning given to “regulations”.
2012 c. 5 (“ the 2012 Act ”). See sections 40 and 95 for the meaning given to “prescribed”.
See section 176(2)(a) of the Social Security Administration Act 1992 (c. 5) .
See section 173(1)(a) and (2) of the Social Security Administration Act 1992.
The provisions being amended by Part 2 extend to England and Wales and Scotland. This instrument does not reflect the presumption that amendments will have the same extent and application as the provisions amended because the Secretary of State does not have executive competence to exercise functions, as regards Scotland, in relation to the benefits regulations amended by Part 3. The function of making regulations under sections 64(1), 70(4) and 71(6) of the Contributions and Benefits Act is exercisable by the Secretary of State by virtue of section 175(1) of that Act and the function of making regulations under section 77(3) of the 2012 Act is exercisable by the Secretary of State by virtue of section 94(1) of that Act. The functions of the Secretary of State under those provisions, as regards Scotland, transferred to the Scottish Ministers on 1st April 2020. Legislative competence for disability and carer’s benefits were transferred to the Scottish Parliament by section 22(2) of the Scotland Act 2016 (c. 11) . Section 22(2) inserted an exception into reservation F1 of Schedule 5 to the Scotland Act 1998 (c. 46) and was brought into force on 17th May 2017 by S.I. 2017/455 , subject to transitional arrangements set out in S.I. 2017/444 which modified the operation of the Scotland Act 1998. Section 32 of the Scotland Act 2016 provides the meaning of “pre-commencement enactment” in this context. The transitional arrangements in respect of disability and carer’s benefits ended on 31st March 2020 (see regulation 4 of the Scotland Act 2016 (Transitional) Regulations 2017 ( S.I. 2017/444 )). Accordingly, insofar as the functions under those sections of the Contributions and Benefits Act and section 77(3) of the 2012 Act are exercisable within devolved competence, they are now exercisable by the Scottish Ministers. To ensure that the provisions introduced by these Regulations operate identically across England and Wales and Scotland, the Scottish Ministers are making parallel regulations, (the Social Security (Residence Requirements) (Ukraine) (Scotland) Regulations 2022), to these Regulations, the majority of which are to come into force on 22nd March 2022.
Section 2 is substituted by section 39(2) of the British Nationality Act 1981 (c. 61) .
S.I. 1987/1967 . Regulation 21AA is inserted by S.I. 2006/1026 . Relevant amendments are made by S.I. 2006/2528 , 2009/362 , 2013/2536 , 2014/902 , 2019/872 , 2020/683 and 1309 and 2021/1034 .
S.I. 1996/207 . Regulation 85A is inserted by S.I. 2006/1026 . Relevant amendments are made by S.I. 2006/2528 , 2009/362 , 2013/2536 , 2014/902 , 2019/872 , 2020/683 and 1309 and 2021/1034 .
S.I. 2002/1792 . Regulation 2 is substituted by S.I. 2006/1026 . Relevant amendments are made by S.I. 2006/2528 , 2009/362 , 2013/2536 , 2014/902 , 2019/872 , 2020/683 and 1309 and 2021/1034 .
S.I. 2006/213 . Relevant amendments are made by S.I. 2006/1026 and 2528 , 2009/362 , 2013/2536 , 2014/902 , 2019/872 , 2020/683 and 1309 and. 2021/1034 .
S.I. 2006/214 . Relevant amendments are made by S.I. 2006/1026 and 2528 , 2009/362 , 2013/2536 , 2014/902 , 2019/872 , 2020/683 and 1309 and 2021/1034 .
S.I. 2008/794 . Relevant amendments are made by S.I. 2009/362 and 2536 , 2014/902 , 2019/872 , 2020/683 and 1309 and 2021/1034 .
S.I. 2013/376 . Relevant amendments are made by S.I. 2013/1508 , 2020/683 and 1309 and 2021/1034 .
S.I. 1976/409 . Regulation 9C is inserted by S.I. 2017/1015 . Paragraph (1A) is inserted by S.I. 2021/1034 .
S.I. 1991/2740 . Regulation 2C is inserted by S.I. 2017/1015 . Paragraph (1A) is inserted by S.I. 2021/1034 .
S.I. 1991/2890 . Regulation 2C is inserted by S.I. 2017/1015 . Paragraph (1A) is inserted by S.I. 2021/1034 .
S.I. 2013/377 . Regulation 23A is inserted by S.I. 2017/1015 . Paragraph (1A) is inserted by S.I. 2021/1034 .