Social Security Citation and commencement 1 These Regulations may be cited as the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2021 and shall come into operation on 25th September 2021. Amendment of income-related benefit legislation 2 1 The provisions specified in paragraph (5) are amended in accordance with paragraphs (2) to (4). 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 Northern Ireland 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 At the end of sub-paragraph (h)(ii) omit “or”. 4 After sub-paragraph (h)(iii) add— or iv granted under the Afghan Citizens Resettlement Scheme ; . 5 The provisions referred to in paragraph (1) are— a regulation 21AA(4) of the Income Support (General) Regulations (Northern Ireland) 1987 (special cases: supplemental–persons from abroad); b regulation 85A(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (special cases: supplemental–persons from abroad); c regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 2003 (persons not in Northern Ireland); d regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 2006 (persons from abroad); e regulation 10(5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (persons from abroad); f regulation 70(4) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (special cases: supplemental – persons from abroad). Amendment of the Universal Credit Regulations 3 1 Regulation 9(4) of the Universal Credit Regulations (Northern Ireland) 2016 (persons treated as not being in Northern Ireland) is amended in accordance with paragraphs (2) and (3). 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 Northern Ireland 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 head (ii) omit “or”; b after head (iii) add— or iv granted under the Afghan Citizens Resettlement Scheme, . Amendment of disability and carers benefit legislation 4 1 The provisions specified in paragraph (4) are amended in accordance with paragraphs (2) and (3). 2 For the heading 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) add— 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 The provisions referred to in paragraph (1) are— a regulation 9C of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 (refugees); b regulation 2C of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (refugees); c regulation 2C of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (refugees); d regulation 23A(1) of the Personal Independence Payment Regulations (Northern Ireland) 2016 (refugees). 5 In regulation 9C of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 (refugees) 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 Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (refugees) 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 Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (refugees) 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(1) of the Personal Independence Payment Regulations (Northern Ireland) 2016 (refugees) after paragraph (1) insert— 1A Regulation 16(c) shall not apply in relation to a claim for personal independence payment where paragraph (1)(c), (d) or (e) applies to C. . Sealed with the Official Seal of the Department for Communities on 24th September 2021 (L.S.) Anne McCleary A senior officer of the Department for Communities The Department of Finance hereby consents to regulation 2, in so far as it relates to the provisions referred to in paragraph (5)(d) and (e) of that regulation Sealed with the Official Seal of the Department of Finance on 24th September 2021 (L.S.) Patrick Neeson A senior officer of the Department of Finance