Legalize
Legalize / United Kingdom / Statutory-Instrument

The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations 2024

Type Statutory-Instrument
Publication 2024-09-10
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API

Made: 10th September 2024

Laid before Parliament: 12th September 2024

Coming into force: 7th November 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 64(1), 70(4), 71(6) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992[^f00001] and sections 77(3) and 94(1) and (2) of the Welfare Reform Act 2012[^f00002].

In accordance with section 173(1)(b) of the Social Security Administration Act 1992[^f00003], the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

Citation, commencement and extent

1

Amendments to the Social Security (Invalid Care Allowance) Regulations 1976

2

Amendments to the Social Security (Attendance Allowance) Regulations 1991

3

Amendments to the Social Security (Disability Living Allowance) Regulations 1991

4

Amendments to the Social Security (Personal Independence Payment) Regulations 2013

5

Signed

Signed by authority of the Secretary of State

Stephen Timms — Minister of State — Department for Work and Pensions — 10th September 2024

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 (S.I. 1976/409), the Social Security (Attendance Allowance) Regulations 1991 (S.I. 1991/2740), the Social Security (Disability Living Allowance) Regulations 1991 (S.I. 1991/2890) and the Social Security (Personal Independence Payment) Regulations 2013 (S.I. 2013/377) to reflect that claimants to whom a relevant EU Regulation applies need only show a genuine and sufficient link to the United Kingdom and not the United Kingdom social security system.

These Regulations make the necessary legislative amendments to reflect the judgment in Kavanagh and another v The Secretary of State for Work and Pensions [2019] EWCA Civ 272 by removing the words “social security system” after “the United Kingdom”.

A full impact assessment has not been produced for this instrument as no or no significant impact on the private, voluntary sector or community bodies is foreseen.

Footnotes

[^f00001]: 1992 c. 4. See section 122(1) for the meaning assigned to the word “prescribe”. Section 64(1) was amended by paragraph 41 of Schedule 1 to the Pensions Act 2007 (c. 22) and paragraphs 5(1) and (2) of Schedule 9 to the Welfare Reform Act 2012 (c. 5). Section 175(1) was amended by paragraph 29(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

[^f00002]: 2012 c. 5. See section 95 for the meaning assigned to the word “prescribed”.

[^f00003]: 1992 c. 5.

[^f00004]: S.I. 1976/409; relevant amending instruments are S.I. 2013/389, 2019/128.

[^f00005]: S.I. 1991/2740; relevant amending instruments are S.I. 2013/389, 2019/128.

[^f00006]: S.I. 1991/2890; relevant amending instruments are S.I. 2013/389, 2019/128.

[^f00007]: S.I. 2013/377; relevant amending instrument is S.I. 2019/128.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.