The Social Security (Habitual Residence Amendment) Regulations (Northern Ireland) 2004

Made: 29th April 2004

Coming into operation: 1st May 2004

The Department for Social Development, in exercise of the powers conferred by sections 122(1)(a) and (d), 131(1) and (2), 133(2)(i) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001] and Articles 6(5) and (12) and 36(2) of the Jobseekers (Northern Ireland) Order 1995[^f00002] and now vested in it[^f00003], and section 1(5)(a) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002[^f00004] and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel[^f00005], in so far as regulations 2 and 6 are concerned, and after reference to the Social Security Advisory Committee[^f00006], hereby makes the following Regulations:

Citation, commencement and interpretation

1

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Amendment of the Housing Benefit Regulations

2

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Amendment of the Income Support Regulations

3

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Amendment of the Jobseeker’s Allowance Regulations

4

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Amendment of the State Pension Credit Regulations

5

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Transitional arrangements and savings

6

• (1) Paragraph (2) shall apply where a person –

• (a) is entitled to a specified benefit in respect of a period which includes 30th April 2004;

• (b) claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to that benefit in respect of a period which includes 30th April 2004;

• (c) claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to such a benefit in respect of a period which is continuous with a period of entitlement to the same or another specified benefit which includes 30th April 2004;

• (ca) to whom sub-paragraph (c) applied, claims an employment and support allowance and it is subsequently determined that he is entitled to that benefit, and this entitlement is linked to a previous period of entitlement by virtue of regulation 145(1) of the Employment and Support Allowance Regulations (linking rules);

• (d) claims jobseeker’s allowance on or after 1st May 2004 and it is subsequently determined that he is entitled to jobseeker’s allowance in respect of a period of entitlement to that benefit which is linked to a previous period of entitlement which includes 30th April 2004 by virtue of regulations made under paragraph 3 of Schedule 1 to the Jobseekers (Northern Ireland) Order 1995.

• (2) Where this paragraph applies –

• (a) regulation 7A of the Housing Benefit Regulations shall continue to have effect as if regulation 2 had not been made;

• (b) regulation 21 of the Income Support Regulations shall continue to have effect as if regulation 3 had not been made;

• (c) regulation 85 of the Jobseeker’s Allowance Regulations shall continue to have effect as if regulation 4 had not been made, ...

• (d) regulation 2 of the State Pension Credit Regulations shall continue to have effect as if regulation 5 had not been made ; and

• (e) regulation 70(2) to (4) of the Employment and Support Allowance Regulations (special cases: supplemental – persons from abroad) does not apply.

• (3) The provisions saved by paragraph (2) shall continue to have effect until the date on which entitlement to a specified benefit for the purposes of paragraph (1) ceases, and if there is more than one such specified benefit, until the last date on which such entitlement ceases.

• (4) In this regulation—

• (a) “the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008; and

• (b) “specified benefit” means income support, housing benefit, jobseeker’s allowance, state pension credit and employment and support allowance.

Signed

Sealed with the Official Seal of the Department for Social Development on 29th April 2004.

John Deery — Senior Officer of the — Department for Social Development

The Department of Finance and Personnel hereby consents to regulations 2 and 6 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 29th April 2004.

Ciaran Doran — A senior officer of the — Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the Housing Benefit (General) Regulations (Northern Ireland) 1987 and the State Pension Credit Regulations (Northern Ireland) 2003 (“the income-related benefit regulations”).

In particular, they amend the income-related benefit regulations with effect that no person shall be treated as habitually resident for the purposes of entitlement to income support, jobseeker’s allowance, housing benefit and state pension credit unless they have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. They also extend the exception to the habitual residence test to include certain persons treated as workers from countries acceding to the European Union from 1st May 2004 in accordance the Accession (Immigration and Worker Registration) Regulations 2004 (S.I. 2004/1219).

The Regulations also make provision for transitional arrangements and savings for those who are entitled to income support, jobseeker’s allowance, housing benefit or state pension credit on 30th April 2004.

The Report of the Social Security Advisory Committee dated 22nd April 2004 on the proposals referred to them in respect of the Social Security (Habitual Residence) Amendment Regulations 2004 (S.I. 2004/1232), together with a statement showing the extent to which the proposals give effect to the Recommendations of the Committee, and in so far as they do not give effect to them, the reasons why not, are contained in Command Paper Cm 6181 published by the Stationery Office Ltd.

These Regulations do not impose a charge on business.

Footnotes

[^f00001]: 1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

[^f00002]: S.I. 1995/2705 (N.I. 15); Article 36(2)(a) was amended by Article 4 of and paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^f00003]: See Article 8(b) of S.R. 1999 No. 481 and Part II of Schedule 6

[^f00004]: 2002 c. 14 (N.I.)

[^f00005]: See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481 and Part II of Schedule 4

[^f00006]: See section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Editorial notes

[^key-a821ed21fbcd4e462bf2d00963f67da6]: Reg. 6 in operation at 1.5.2004, see reg. 1(1)

[^key-30bfcc691d980458dab025f8d9a89f58]: Reg. 6 applied (with modifications) by S.R. 2010/312, Sch. 2 para. 7 (as added (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 25(4)(b))

[^key-e2fc100f234159b87dbfa4ce566cc2c6]: Reg. 6(1)(ca) added (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 17(a)

[^key-14134bd3539daef41d435e871c97b568]: Word in reg. 6(2) omitted (31.10.2011) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 17(b)(i)

[^key-7202432cd5bb1b088a20a86b1975ca62]: Reg. 6(2)(e) and word added (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 17(b)(ii)

[^key-201a888ec12fae54a352f5e77207286d]: Reg. 6(4) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 17(c)