1 Citation and commencement

(1)    These Regulations may be cited as the Social Security (Habitual Residence) (Amendment) Regulations 2009.

(2)    They come into force on 18th March 2009.

NOTES
Initial Commencement
Specified date

Specified date: 18 March 2009: see para (2) above.

State Pensions94 Conflict of Laws94 Pensions Law94 Domicile & Residence94

2 Amendment of the Income Support (General) Regulations 1987

2Amendment of the Income Support (General) Regulations 1987

(1)    Regulation 21AA of the Income Support (General) Regulations 1987 (special cases: supplemental—persons from abroad) is amended as follows.

(2)    At the end of paragraph (4)(i), omit “or”.

(3)    At the end of paragraph (4)(j), add “; or” and the following sub-paragraph—

“(k)    a person who—

(i)    arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii)    immediately before arriving there had been resident in Zimbabwe; and

(iii)    before leaving Zimbabwe, had accepted an offer, made by Her Majesty's Government, to assist that person to move to and settle in the United Kingdom.”.

NOTES
Initial Commencement
Specified date

Specified date: 18 March 2009: see reg 1(2).

State Pensions94 Conflict of Laws94 Pensions Law94 Domicile & Residence94

3 Amendment of the Jobseeker's Allowance Regulations 1996

3Amendment of the Jobseeker's Allowance Regulations 1996

(1)    Regulation 85A of the Jobseeker's Allowance Regulations 1996 (special cases: supplemental—persons from abroad) is amended as follows.

(2)    At the end of paragraph (4)(i), omit “or”.

(3)    At the end of paragraph (4)(j), add “; or” and the following sub-paragraph—

“(k)    a person who—

(i)    arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii)    immediately before arriving there had been resident in Zimbabwe; and

(iii)    before leaving Zimbabwe, had accepted an offer, made by Her Majesty's Government, to assist that person to move to and settle in the United Kingdom.”.

NOTES
Initial Commencement
Specified date

Specified date: 18 March 2009: see reg 1(2).

Pensions Law94 Council Tax Benefit99 Domicile & Residence94 Conflict of Laws94 State Pensions94 Council Tax99 Tax Law99

4 Amendment of the State Pension Credit Regulations 2002

4Amendment of the State Pension Credit Regulations 2002

(1)    Regulation 2 of the State Pension Credit Regulations 2002 (persons not in Great Britain) is amended as follows.

(2)    At the end of paragraph (4)(i), omit “or”.

(3)    At the end of paragraph (4)(j), add “; or” and the following sub-paragraph—

“(k)    a person who—

(i)    arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii)    immediately before arriving there had been resident in Zimbabwe; and

(iii)    before leaving Zimbabwe, had accepted an offer, made by Her Majesty's Government, to assist that person to move to and settle in the United Kingdom.”.

NOTES
Initial Commencement
Specified date

Specified date: 18 March 2009: see reg 1(2).

Pensions Law94 Council Tax Benefit99 Domicile & Residence94 Conflict of Laws94 State Pensions94 Council Tax99 Tax Law99

5 Amendment of the Housing Benefit Regulations 2006

5Amendment of the Housing Benefit Regulations 2006

(1)    Regulation 10 of the Housing Benefit Regulation 2006 (persons from abroad) is amended as follows.

(2)    At the end of paragraph (3B)(j) omit “or”.

(3)    After paragraph (3B)(j), insert—

“(jj)    a person who—

(i)    arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii)    immediately before arriving there had been resident in Zimbabwe; and

(iii)    before leaving Zimbabwe, had accepted an offer, made by Her Majesty's Government, to assist that person to move to and settle in the United Kingdom; or”.

NOTES
Initial Commencement
Specified date

Specified date: 18 March 2009: see reg 1(2).

Pensions Law94 Welfare, Housing & Social Security Law99 Council Tax Benefit99 Benefits99 Domicile & Residence94 State Pensions94 Conflict of Laws94 Council Tax99 Tax Law99

6 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

6Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1)    Regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) is amended as follows.

(2)    At the end of paragraph (4A)(j), omit “or”.

(3)    After paragraph (4A)(j), insert—

“(jj)    a person who—

(i)    arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii)    immediately before arriving there had been resident in Zimbabwe; and

(iii)    before leaving Zimbabwe, had accepted an offer, made by Her Majesty's Government, to assist that person to move to and settle in the United Kingdom; or”.

NOTES
Initial Commencement
Specified date

Specified date: 18 March 2009: see reg 1(2).

Pensions Law94 Welfare, Housing & Social Security Law99 Council Tax Benefit99 Benefits99 Domicile & Residence94 State Pensions94 Conflict of Laws94 Council Tax99 Tax Law99

7 Amendment of the Council Tax Benefit Regulations 2006

7Amendment of the Council Tax Benefit Regulations 2006

(1)    Regulation 7 of the Council Tax Benefit Regulations 2006 (persons from abroad) is amended as follows.

(2)    At the end of paragraph (4A)(j), omit “or”.

(3)    After paragraph (4A)(j), insert—

“(jj)    a person who—

(i)    arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii)    immediately before arriving there had been resident in Zimbabwe; and

(iii)    before leaving Zimbabwe, had accepted an offer, made by Her Majesty's Government, to assist that person to move to and settle in the United Kingdom; or”.

NOTES
Initial Commencement
Specified date

Specified date: 18 March 2009: see reg 1(2).

Pensions Law94 Welfare, Housing & Social Security Law99 Council Tax Benefit99 Benefits99 Domicile & Residence94 State Pensions94 Conflict of Laws94 Council Tax99 Tax Law99

8 Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

8Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1)    Regulation 7 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) is amended as follows.

(2)    At the end of paragraph (4A)(j), omit “or”.

(3)    After paragraph (4A)(j), insert—

“(jj)    a person who—

(i)    arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii)    immediately before arriving there had been resident in Zimbabwe; and

(iii)    before leaving Zimbabwe, had accepted an offer, made by Her Majesty's Government, to assist that person to move to and settle in the United Kingdom; or”.

NOTES
Initial Commencement
Specified date

Specified date: 18 March 2009: see reg 1(2).

Pensions Law94 Welfare, Housing & Social Security Law99 Council Tax Benefit99 Benefits99 Domicile & Residence94 State Pensions94 Conflict of Laws94 Council Tax99 Tax Law99

9 Amendment of the Employment and Support Allowance Regulations 2008

9Amendment of the Employment and Support Allowance Regulations 2008

(1)    Regulation 70 of the Employment and Support Allowance Regulations 2008 (special cases: supplemental—persons from abroad) is amended as follows.

(2)    At the end of paragraph (4)(j), omit “or”.

(3)    At the end of paragraph (4)(k), add “; or” and the following sub-paragraph—

“(jj)    a person who—

(i)    arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;

(ii)    immediately before arriving there had been resident in Zimbabwe; and

(iii)    before leaving Zimbabwe, had accepted an offer, made by Her Majesty's Government, to assist that person to move to and settle in the United Kingdom.”.

NOTES
Initial Commencement
Specified date

Specified date: 18 March 2009: see reg 1(2).

Pensions Law94 Council Tax Benefit99 Domicile & Residence94 Conflict of Laws94 State Pensions94 Council Tax99 Tax Law99

Signature

Signed by authority of the Secretary of State for Work and Pensions

Kitty Ussher

Parliamentary Under Secretary of State

Department for Work and Pensions

23rd February 2009

Pensions Law93 Council Tax Benefit99 Domicile & Residence94 Conflict of Laws94 State Pensions93 Council Tax99 Tax Law99

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

Regulations amend the Income Support (General) Regulations 1987 (SI 1987/1967), the Jobseeker's Allowance Regulations 1996 (SI 1996/207), the State Pension Credit Regulations 2002 (SI 2002/1792), the Housing Benefit Regulations 2006 (SI 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (SI 2006/214), the Council Tax Benefit Regulations 2006 (SI 2006/215), the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (SI 2006/216) and the Employment and Support Allowance Regulations 2008 (SI 2008/794) (“the income-related benefit regulations”).

The income-related benefit regulations provide that a person is ineligible for benefit where he or she is a “person from abroad”, or “a person not in Great Britain”, for the purposes of the State Pension Credit Regulations, that is to say where he or she 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 exceptions. The amendments made by these Regulations insert a new category into the list of persons who are excepted from having to satisfy the habitual residence test. The amendments exempt a person who: arrived in Great Britain on or after 28 February 2009, but before 18 March 2011; immediately before arriving in the United Kingdom had been resident in Zimbabwe; and, before leaving Zimbabwe, had accepted an offer, made by Her Majesty's Government, to assist him or her to move to and settle in the United Kingdom.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Pensions Law93 Welfare, Housing & Social Security Law99 Council Tax Benefit99 Benefits99 Domicile & Residence94 State Pensions93 Conflict of Laws94 Council Tax99 Tax Law99