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The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011

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Amendments to the Social Security (Habitual Residence) Amendment Regulations 2004

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17.  Regulation 6 of the Social Security (Habitual Residence) Amendment Regulations 2004(1) (transitional arrangements and savings) is amended as follows—

(a)after paragraph (1)(c) add–

“(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);”;

(b)in paragraph (2)–

(i)after sub-paragraph (c) omit “and”, and

(ii)after sub-paragraph (d) add–

“; and

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

(c)for paragraph (4) substitute–

“(4) In this regulation—

(a)“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008(2); and

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

(1)

S.I. 2004/1232. These Regulations were partially revoked by S.I. 2006/217 but the transitional arrangements and savings in regulation 6 continued in force (with the exception of paragraph (2)(a)) following the partial revocation of the instrument of S.I. 2006/217. S.I. 2004/1232 was then revoked by S.I. 2006/1026 but those transitional arrangements and savings continue in force by virtue of regulation 11(2)(b) of S.I. 2006/1026.

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