
PART 1
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.
(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
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;”.
(2) Those provisions are—
(a) regulation 21AA(4)(zzc) of the Income Support (General) Regulations 1987;
(b) regulation 85A(4)(zzc) of the Jobseeker’s Allowance Regulations 1996;
(c) regulation 2(4)(zzc) of the State Pension Credit Regulations 2002;
(d) regulation 10(3B)(zzc) of the Housing Benefit Regulations 2006;
(e) regulation 10(4A)(zzc) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;
(f) regulation 70(4)(zzc) of the Employment and Support Allowance Regulations 2008; and
(g) regulation 9(4)(zc) of the Universal Credit Regulations 2013.
PART 3
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;
(b) regulation 2C of the Social Security (Attendance Allowance) Regulations 1991;
(c) regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991; and
(d) regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013.
PART 4
4 
In the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022—
(a) in regulation 2(2), for “paragraph (zzb)” substitute “sub-paragraph (zzb)”;
(b) in regulation 3(2), for “paragraph (zb)” substitute “sub-paragraph (zb)”.
Signed by authority of the Secretary of State for Work and Pensions
Victoria Prentis
Minister of State
Department for Work and Pensions
23rd September 2022