PART 1 PRELIMINARY

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022 and come into force on 18th October 2022.

(2) Part 2 extends to England and Wales and Scotland( 7).

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

(4) With regard to Part 4, the amendments made by regulation 4 have the same extent as the respective provisions which they amend.

PART 2 AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES AND SCOTLAND

Amendments to income-related benefit legislation

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

(a) at the end of paragraph (i) omit “or”;

(b) at the end of paragraph (ii) insert “or”;

(c) after paragraph (ii) insert—

“(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act( 8) ; ”.

(2) Those provisions are—

(a) regulation 21AA(4)(zzc) of the Income Support (General) Regulations 1987( 9);

(b) regulation 85A(4)(zzc) of the Jobseeker’s Allowance Regulations 1996( 10);

(c) regulation 2(4)(zzc) of the State Pension Credit Regulations 2002( 11);

(d) regulation 10(3B)(zzc) of the Housing Benefit Regulations 2006( 12);

(e) regulation 10(4A)(zzc) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006( 13);

(f) regulation 70(4)(zzc) of the Employment and Support Allowance Regulations 2008( 14); and

(g) regulation 9(4)(zc) of the Universal Credit Regulations 2013( 15).

PART 3 AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES ONLY

Amendments to disability and carers benefit legislation

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

(a) at the end of paragraph (1)(e), for “or” substitute “; or”;

(b) in paragraph (1)(f)—

(i) for “or a right” substitute “, a right”;

(ii) after “1971” insert “or 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 9C of the Social Security (Invalid Care Allowance) Regulations 1976( 16);

(b) regulation 2C of the Social Security (Attendance Allowance) Regulations 1991( 17);

(c) regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991( 18); and

(d) regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013( 19).

PART 4 AMENDMENTS TO THE SOCIAL SECURITY (HABITUAL RESIDENCE AND PAST PRESENCE) (AMENDMENT) REGULATIONS 2022

4.  In the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022( 20)—

(a) in regulation 2(2), for “paragraph (zzb)” substitute “sub-paragraph (zzb)”;

(b) in regulation 3(2), for “paragraph (zb)” substitute “sub-paragraph (zb)”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

Amendments made by the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 ( S.I. 2022/344) (“ the principal Regulations”) enable certain persons arriving from the Ukraine to access income-related benefits upon arrival in Great Britain and disability and carers benefits upon arrival in England and Wales, provided they meet the other relevant entitlement conditions.

These Regulations make further amendments so that persons who do not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of the Immigration Act 1971 (c. 77)but who would not fall within the categories already listed in the principal Regulations, notably Irish citizens, may access income-related benefits upon arrival in Great Britain from Ukraine (see Part 2) and disability and carers benefits upon arrival in England and Wales from Ukraine (see Part 3, in particular regulation 3(1)(b) and (2)).

Part 4 makes technical amendments to the principal Regulations and regulation 3(1)(a) makes a technical amendment to the provisions mentioned in regulation 3(2) correcting an error in the principal Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.