The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025
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Change 1
13 Amendment of the Social Security (Invalid Care Allowance) Regulations 1976, the Social Security (Attendance Allowance) Regulations 1991 and the Social Security (Disability Living Allowance) Regulations 1991
(1) In the provisions specified in paragraph (4)— (a) at the end of sub-paragraph (1)(g) omit “or”; (b) at the end of sub-paragraph (1)(h) for “.” substitute “;”; (c) after sub-paragraph (1)(h) insert— (i) met conditions A to D. Condition A The person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government— provided public information to advise British nationals to leave that country or territory, or arranged the evacuation of British nationals from that country or territory. Condition B The person has left that country or territory. Condition C The person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started. Condition D The person— has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or has leave on a discretionary basis outside of rules made under section 3(2) of that Act; or (j) as part of a safe and legal humanitarian immigration route, leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules. . (2) In the provisions specified in paragraphs (4)(a) and (b), after paragraph (1A) insert— (1B) Where paragraph (1)(i) of this regulation applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started. . (3) In the provision specified in paragraph (4)(c), after paragraph (1A) insert— (1B) Where paragraph (1)(i) applies, it will apply for the following periods beginning on the day on which the public information is issued, or the evacuation is started— (a) no more than 130 weeks for persons aged 16 years and over; (b) no more than 52 weeks for persons aged between 6 months and under 16 years; (c) no more than 39 weeks for persons aged under 6 months. . (4) Those provisions are— (a) regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976 (refugees and certain persons with leave to enter and remain in the United Kingdom); (b) regulation 2C of the Social Security (Attendance Allowance) Regulations 1991 (refugees and certain persons with leave to enter or remain in the United Kingdom); (c) regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991 (refugees and certain persons with leave to enter and remain in the United Kingdom).
13 Amendment of the Social Security (Invalid Care Allowance) Regulations 1976, the Social Security (Attendance Allowance) Regulations 1991 and the Social Security (Disability Living Allowance) Regulations 1991
(1) In the provisions specified in paragraph (4)— (a) at the end of sub-paragraph (1)(g) omit “or”; (b) at the end of sub-paragraph (1)(h) for “.” substitute “;”; (c) after sub-paragraph (1)(h) insert— (i) met conditions A to D. Condition A The person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government— provided public information to advise British nationals to leave that country or territory, or arranged the evacuation of British nationals from that country or territory. Condition B The person has left that country or territory. Condition C The person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started. Condition D The person— has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or has leave on a discretionary basis outside of rules made under section 3(2) of that Act; or (j) as part of a safe and legal humanitarian immigration route, leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules. . (2) In the provisions specified in paragraphs (4)(a) and (b), after paragraph (1A) insert— (1B) Where paragraph (1)(i) of this regulation applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started. . (3) In the provision specified in paragraph (4)(c), after paragraph (1A) insert— (1B) Where paragraph (1)(i) applies, it will apply for the following periods beginning on the day on which the public information is issued, or the evacuation is started— (a) no more than 130 weeks for persons aged 16 years and over; (b) no more than 52 weeks for persons aged between 6 months and under 16 years; (c) no more than 39 weeks for persons aged under 6 months. . (4) Those provisions are— (a) regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976 (refugees and certain persons with leave to enter and remain in the United Kingdom); (b) regulation 2C of the Social Security (Attendance Allowance) Regulations 1991 (refugees and certain persons with leave to enter or remain in the United Kingdom); (c) regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991 (refugees and certain persons with leave to enter and remain in the United Kingdom).
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