The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations (Northern Ireland) 2019

Document Number:2019 No. 89
 
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Statutory Rules of Northern Ireland

Exiting The European Union

Social Security

Made

10.35 a.m. on 16 th April 2019

Laid before Parliament

2.45 p.m. on 16 th April 2019

Coming into operation

7th May 2019

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by articles 9(5)(a) and 48(1) and (2) of the Welfare Reform (Northern Ireland) Order 2015(1).

These powers are exercisable by the Secretary of State by virtue of article 4(1)(a) of the Welfare Reform (Northern Ireland) Order 2015.

Citation and commencement

  1. These Regulations may be cited as the Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations (Northern Ireland) 2019 and come into operation on 7 th May 2019.

    Amendment of the Universal Credit Regulations (Northern Ireland) 2016

  2. —(1) The Universal Credit Regulations (Northern Ireland) 2016(2) are amended in accordance with paragraphs (2) and (3).

    (2) In regulation 2(1) (interpretation)(3) , in the definition of “the EEA Regulations” for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”(4).

    (3) In regulation 9 (persons treated as not being in Northern Ireland)—

    (a) at the end of paragraph (3)(b)(ii) omit “or”;

    (b) in paragraph (3)(c)—

    (i) for “regulation 15 A(1)” substitute “regulation 16”;

    (ii) for “the claimant” substitute “the person”;

    (iii) for “regulation 15 A(4 A)” substitute “regulation 16(5)”(5);

    (c) at the end of paragraph (3)(c) add “, or”;

    (d) after paragraph (3)(c) add—

    “(d) a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971(6) by virtue of—

    (i) Appendix EU to the immigration rules(7) made under section 3(2) of that Act, or

    (ii) being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act”.

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

    Alok Sharma

    Minister for Employment

    Department for Work and Pensions

    16 th April 2019 at 10.35 a.m.

    EXPLANATORY NOTE

    (This note is not part of the Regulations)

    These Regulations amend the Universal Credit Regulations (Northern Ireland) 2016 (S.R. 2016 No. 216) (the “Universal Credit Regulations”).

    For the purposes of determining whether a person meets the basic condition of entitlement that he or she is in Northern Ireland, the Universal Credit Regulations...

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