Social Security PART 1 PRELIMINARY Citation, commencement and extent 1 1 These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021 and come into force on 15th September 2021. 2 Part 2 extends to England and Wales and Scotland . 3 Part 3 extends to England and Wales only . PART 2 AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES AND SCOTLAND Amendment of income-related benefit legislation 2 1 The provisions specified in paragraph (4) are amended as follows. 2 Before sub-paragraph (za) insert— zza a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971 , where such leave is granted by virtue of— i the Afghan Relocations and Assistance Policy; or ii the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); zzb a person in Great Britain not coming within sub-paragraph (zza) or (h)(iv) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021; . 3 In sub-paragraph (h)— a at the end of (ii), omit “or”; b after (iii) insert— or iv granted under the Afghan Citizens Resettlement Scheme ; ; 4 Those provisions are— a regulation 21AA(4) of the Income Support (General) Regulations 1987 ; b regulation 85A(4) of the Jobseeker’s Allowance Regulations 1996 ; c regulation 2(4) of the State Pension Credit Regulations 2002 ; d regulation 10(3B) of the Housing Benefit Regulations 2006 ; e regulation 10(4A) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ; and f regulation 70(4) of the Employment and Support Allowance Regulations 2008 . Amendment of the Universal Credit Regulations 2013 3 1 Regulation 9(4) of the Universal Credit Regulations 2013 is amended as follows. 2 Before sub-paragraph (a) insert— za a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of— i the Afghan Relocations and Assistance Policy; or ii the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); zb a person in Great Britain not coming within sub-paragraph (za) or (e)(iv) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021; . 3 In sub-paragraph (e)— a at the end of (ii), omit “or”; b after (iii) insert— or iv granted under the Afghan Citizens Resettlement Scheme; ; PART 3 AMENDMENTS TO BENEFIT LEGISLATION EXTENDING TO ENGLAND AND WALES ONLY Amendment of disability and carers benefit legislation 4 1 The provisions specified in paragraph (4) are amended as follows. 2 For the title substitute “Refugees and certain persons with leave to enter or remain in the United Kingdom”. 3 In paragraph (1)— a at the end of sub-paragraph (a), omit “or”; b after sub-paragraph (b) insert— c leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of— i the Afghan Relocations and Assistance Policy; or ii the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); d been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c); or e leave granted under the Afghan Citizens Resettlement Scheme. . 4 Those provisions are— a regulation 9C of the Social Security (Invalid Care Allowance) Regulations 1976 (“the CA Regulations”); b regulation 2C of the Social Security (Attendance Allowance) Regulations 1991 (“the AA Regulations”); c regulation 2C of the Social Security (Disability Living Allowance) Regulations 1991 (“the DLA Regulations”); and d regulation 23A of the Social Security (Personal Independence Payment) Regulations 2013 (“the PIP Regulations”). 5 In regulation 9C of the CA Regulations, after paragraph (1) insert— 1A Regulation 9(1)(a) shall not apply where paragraph (1)(c), (d) or (e) applies to the person. . 6 In regulation 2C of the AA Regulations, after paragraph (1) insert— 1A Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person. . 7 In regulation 2C of the DLA Regulations, after paragraph (1) insert— 1A Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person. . 8 In regulation 23A of the PIP Regulations, after paragraph (1) insert— 1A Regulation 16(c) does not apply in relation to a claim for personal independence payment where paragraph (1)(c), (d) or (e) applies to C. . Signed by authority of the Secretary of State for Work and Pensions Will Quince Parliamentary Under Secretary of State Department for Work and Pensions 13th September 2021