uksi/2023/1144 — The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023

2023 No. 1144 Social Security The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 Made at 11.34 a.m. on 26th October 2023 Laid before Parliament at 12.45 p.m. on 26th October 2023 Coming into force 27th October 2023 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), 130A(2), 135(1), 136(3) and (5), 136A(3), 137(2)(a) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 , sections 4(5), 12(1) and (4) and 36(2) of, and paragraph 11(2) of Schedule 1 to the Jobseekers Act 1995 , sections 1(5)(a), 15(3) and (6) and 19(1) of the State Pension Credit Act 2002 , sections 17(1) and (3) and 25(2) and (3) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act 2007 and sections 4(5)(a), 42(1) to (3), 77(3), 92(1) and 94(2) and (3)(a) of, and paragraph 4(1) and (3) of Schedule 1 to, the Welfare Reform Act 2012 . In accordance with section 173(1)(a) of the Social Security Administration Act 1992 , it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee. In accordance with section 176(2)(a) of that Act, it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient for the Secretary of State to consult with bodies 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, and Capital Disregards) (Amendment) Regulations 2023 and come into force on 27th October 2023. 2 Part 2, and this Part in so far as it relates to Part 2, extend to England and Wales and Scotland . 3 Part 3, and this Part in so far as it relates to Part 3, extend to England and Wales only . PART 2 AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES AND SCOTLAND Amendment of the habitual residence test in income-related benefits 2 1 In the provisions specified in paragraph (2), after sub-paragraph (zzd) insert— zze a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and— i has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 ; ii has a right of abode in the United Kingdom within the meaning given in section 2 of that Act ; or 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) of the Income Support (General) Regulations 1987 (special cases: supplemental – persons from abroad) ; b regulation 85A(4) of the Jobseeker’s Allowance Regulations 1996 (special cases: supplemental — persons from abroad) ; c regulation 2(4) of the State Pension Credit Regulations 2002 (persons not in Great Britain) ; d regulation 10(3B) of the Housing Benefit Regulations 2006 (persons from abroad) ; e regulation 10(4A) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) ; and f regulation 70(4) of the Employment and Support Allowance Regulations 2008 (special cases: supplemental — persons from abroad) . 3 In the Universal Credit Regulations 2013 , in regulation 9(4) (persons treated as not being in Great Britain), after sub-paragraph (zd) insert— ze a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and— i has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971; ii has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or iii does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act; . Amendment of the Income Support (General) Regulations 1987 3 1 The Income Support (General) Regulations 1987 are amended as follows. 2 In regulation 2(1) (interpretation)— a in the definition of “qualifying person” after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme” ; b after the definition of “vaccine damage payment” insert— “ the Victims of Overseas Terrorism Compensation Scheme ” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010 ; . 3 In each of the following provisions, after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme” — a regulation 48(10)(c) (income treated as capital); b regulation 51(3A)(a) (notional capital); c paragraphs 22(1) and (7) of Schedule 10 (capital to be disregarded). Amendment of the Jobseeker’s Allowance Regulations 1996 4 1 The Jobseeker’s Allowance Regulations 1996 are amended as follows. 2 In regulation 1(3) (interpretation)— a in the definition of “qualifying person” after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme” ; b after the definition of “vaccine damage payment” insert— “ the Victims of Overseas Terrorism Compensation Scheme ” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010; . 3 In each of the following provisions, after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme” — a regulation 110(10)(c) (income treated as capital); b regulation 113(3A)(a) (notional capital); c paragraph 27(1) of Schedule 8 (capital to be disregarded). Amendment of the State Pension Credit Regulations 2002 5 1 The State Pension Credit Regulations 2002 are amended as follows. 2 In regulation 1(2) (citation, commencement and interpretation)— a in the definition of “qualifying person” after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme” ; b after the definition of “vaccine damage payment” insert— “ the Victims of Overseas Terrorism Compensation Scheme ” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010; . 3 In both of the following provisions, after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme” — a paragraph 14(8)(b) of Schedule 2 (housing costs); b paragraph 15(1) and (7) of Schedule 5 (income from capital). Amendment of the Housing Benefit Regulations 2006 6 1 The Housing Benefit Regulations 2006 are amended as follows. 2 In regulation 2 (interpretation)— a in the definition of “qualifying person” after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme” ; b after the definition of “vaccine damage payment” insert— “ the Victims of Overseas Terrorism Compensation Scheme ” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010; . 3 In each of the following provisions, after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme” — a regulation 46(6) (income treated as capital); b regulation 49(4)(a) (notional capital); c regulation 74(9)(b) (non-dependant deductions); d paragraph 24(1) and (7) of Schedule 6 (capital to be disregarded). Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006. 7 1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. 2 In regulation 2 (interpretation)— a in the definition of “qualifying person” after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme” ; b after the definition of “vaccine damage payment” insert— “ the Victims of Overseas Terrorism Compensation Scheme ” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010; . 3 In both of the following provisions, after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme” — a regulation 55(10)(b) (non-dependant deductions); b paragraph 16(1)(a) of Schedule 6 (capital to be disregarded generally). Amendment of Employment and Support Allowance Regulations 2008 8 1 The Employment and Support Allowance Regulations 2008 are amended as follows. 2 In regulation 2 (interpretation)— a in the definition of “qualifying person” after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme” ; b after the definition of “vaccine damage payment” insert— “ the Victims of Overseas Terrorism Compensation Scheme ” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010; . 3 In each of the following provisions, after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme” — a regulation 112(8)(a) (income treated as capital); b regulation 115(5)(a) (notional capital); c paragraph 27(1) and (7) of Schedule 9 (capital to be disregarded). Amendment of the Universal Credit Regulations 2013 9 1 Regulation 76 of the Universal Credit Regulations 2013 (special schemes for compensation etc) is amended as follows. 2 In paragraph (1A)— a at the end of sub-paragraph (d) omit “or”; b at the end of sub-paragraph (e) omit the full stop and insert “; or” ; c after sub-paragraph (e) insert— f the Victims of Overseas Terrorism Compensation Scheme established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010. . PART 3 AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES ONLY Amendment of disability and carer’s benefit legislation 10 1 In the provisions specified in paragraph (2)— a at the end of sub-paragraph (f) omit “or”; b at the end of sub-paragraph (g) omit the full stop and insert “; or” ; c after sub-paragraph (g) insert— h leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person— i was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023; and ii left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack. . 2 Those provisions are— a regulation 9C(1) 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(1) of the Social Security (Attendance Allowance) Regulations 1991 (refugees and certain persons with leave to enter and remain in the United Kingdom) ; c regulation 2C(1) of the Social Security (Disability Living Allowance) Regulations 1991 (refugees and certain persons with leave to enter and remain in the United Kingdom) . Amendment of the Social Security (Personal Independence Payment) Regulations 2013 11 1 Regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013 (refugees and certain persons with leave to enter and remain in the United Kingdom) is amended as follows. 2 In paragraph (1)— a at the end of sub-paragraph (f) omit “or”; b at the end of sub-paragraph (g) omit the full stop and insert “; or” ; c after sub-paragraph (g) insert— h leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C— i was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023; and ii left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack. . Signed by authority of the Secretary of State for Work and Pensions Younger Parliamentary Under Secretary of State Department for Work and Pensions At 11.34 a.m. on 26th October 2023 EXPLANATORY NOTE (This note is not part of the Regulations) Part 2 of these Regulations enables certain persons to access income-related benefits upon arrival in Great Britain from Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon provided they meet the other relevant entitlement conditions. Part 2 also provides that any payments from the Victims of Overseas Terrorism Compensation Scheme (“ the Scheme ”) established by the Ministry of Justice in 2012 are to be disregarded for certain social security purposes. That Part amends the Income Support (General) Regulations 1987 ( S.I. 1987/1967 ), the Jobseeker’s Allowance Regulations 1996 ( S.I. 1996/207 ), the State Pension Credit Regulations 2002 ( S.I. 2002/1792 ), the Housing Benefit Regulations 2006 ( S.I. 2006/213 ), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ( S.I. 2006/214 ), the Employment and Support Allowance Regulations 2008 ( S.I. 2008/794 ) and the Universal Credit Regulations 2013 ( S.I. 2013/376 ) (“ the income-related benefit regulations ”). The income-related benefit regulations provide that a person is ineligible for benefit where they are a “person from abroad”, “ a person not in Great Britain ” (for the purposes of the State Pension Credit Regulations 2002) or “ a person treated as not being in Great Britain ” (for the purposes of the Universal Credit Regulations 2013). That is to say where the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, subject to a list of exemptions. Regulation 2 inserts a new category into the list of persons who are exempted from having to satisfy the habitual residence test. Those persons are those who were residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and who— a have been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 (c. 77) ; b have a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or c do not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act. Regulations 3 to 9 amend the income-related benefit regulations to provide that payments from the Scheme established by the Ministry of Justice in 2012 are not to be taken into account in the calculation of capital. Part 3 of these Regulations enables certain persons to access disability and carer benefits upon arrival in England and Wales from Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon where they were residing and left in accordance with the criteria above, provided they meet the other relevant entitlement conditions. That Part amends 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 exempt the same group of people from the past presence test. This is the test which normally has to be fulfilled in order to claim Carer’s Allowance, Attendance Allowance, Disability Living Allowance and Personal Independence Payment. The past presence test normally requires that an individual has been present in Great Britain for a specified period of time to be eligible for those benefits. The amendments also have the effect of removing the habitual residence requirement for entitlement to disability and carer’s benefits which would otherwise apply to these persons. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.