
2022 No. 230
Social Security
The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022
Made 27th September 2022
Coming into operation 18th October 2022

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 64(1), 70(4), 71(6), 122(1)(a) and (d), 133(2)(a) and 171(3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, Article 36(2)(a) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995, and now vested in it, sections 1(5)(a) and 19(1), (2)(a) and (3) of the State Pension Credit Act (Northern Ireland) 2002, section 25(2)(a) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act (Northern Ireland) 2007 and Articles 9(5)(a), 48(1) and (2)(a), 82(3), 97(1) and 99(1)(a) of the Welfare Reform (Northern Ireland) Order 2015.

Regulation 2 is made with the consent of the Department of Finance, in so far as it relates to the provisions referred to in paragraph (2)(d) and (e) of that regulation.
Citation and commencement
1 
These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022 and shall come into operation on 18th October 2022.
Amendment of income-related benefit legislation
2 

(1) In the provisions specified in paragraph (2)—
(a) at the end of head (i) omit “or”;
(b) at the end of head (ii) add “or”;
(c) after head (ii) add—“
(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;”.
(2) The provisions referred to in paragraph (1) are—
(a) regulation 21AA(4)(zzc) of the Income Support (General) Regulations (Northern Ireland) 1987 (special cases: supplemental–persons from abroad);
(b) regulation 85A(4)(zzc) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (special cases: supplemental–persons from abroad);
(c) regulation 2(4)(zzc) of the State Pension Credit Regulations (Northern Ireland) 2003 (persons not in Northern Ireland);
(d) regulation 10(5)(zzc) of the Housing Benefit Regulations (Northern Ireland) 2006 (persons from abroad);
(e) regulation 10(5)(zzc) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (persons from abroad);
(f) regulation 70(4)(zzc) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (special cases: supplemental – persons from abroad);
(g) regulation 9(4)(zc) of the Universal Credit Regulations (Northern Ireland) 2016 (persons treated as not being in Northern Ireland).
Amendment of disability and carers benefit legislation
3 

(1) In the provisions specified in paragraph (2)—
(a) for “or a right” substitute “, a right”;
(b) after “the Immigration Act 1971” insert “or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,”.
(2) The provisions referred to in paragraph (1) are—
(a) regulation 9C(1)(f) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 (refugees and certain persons with leave to enter or remain in the United Kingdom);
(b) regulation 2C(1)(f) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (refugees and certain persons with leave to enter or remain in the United Kingdom);
(c) regulation 2C(1)(f) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (refugees and certain persons with leave to enter or remain in the United Kingdom);
(d) regulation 23A(1)(f) of the Personal Independence Payment Regulations (Northern Ireland) 2016 (refugees and certain persons with leave to enter or remain in the United Kingdom).
Sealed with the Official Seal of the Department for Communities on 27th September 2022
(L.S.)Anne McCleary
A senior officer of the Department for Communities
The Department of Finance hereby consents to regulation 2, in so far as it relates to the provisions referred to in paragraph (2)(d) and (e) of that regulationSealed with the Official Seal of the Department of Finance on 27th September 2022
(L.S.)Patrick Neeson
A senior officer of the Department of Finance
