This Statutory Instrument has been made to correct errors in S.I. 2022/344 and is being issued free of charge to all known recipients of that Statutory Instrument.
2022 No. 990
Social Security
The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022
Made 23rd September 2022
Laid before Parliament 27th September 2022
Coming into force 18th October 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, sections 36(2) and (4)(a) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers Act 1995, section 1(5)(a) of the State Pension Credit Act 2002, section 25(2), (3) and (5)(a) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act 2007 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.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992 (“the Administration Act”), the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

In so far as Part 2 of these Regulations relates to housing benefit, the Secretary of State has consulted, in accordance with section 176(1)(a) of the Administration Act, with organisations appearing to the Secretary of State to be representative of the authorities concerned.
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.
(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;”.
(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 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;
(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 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—
(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