The Social Security (Income-related Benefits) (Updating and Amendment No. 2) (EU Exit) Regulations (Northern Ireland) 2019

Document Number:2019 No. 90
 
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Statutory Rules of Northern Ireland

Exiting The European Union

Social Security

Made

17 th April 2019

Coming into operation

7 th May 2019

The Department for Communities(1) makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d) , 133(2)(a) and (i) and 171(1) , (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2) , Article 36(2) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995(3) , and now vested in it(4) , sections 1(5)(a) and 19(2) of the State Pension Credit Act (Northern Ireland) 2002(5) and section 25(2) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act (Northern Ireland) 2007(6).

Regulations 5 and 6 are made with the consent of the Department of Finance(7).

Citation and commencement

  1. These Regulations may be cited as the Social Security (Income-related Benefits) (Updating and Amendment No. 2) (EU Exit) Regulations (Northern Ireland) 2019 and shall come into operation on 7 th May 2019.

    Amendment of the Income Support (General) Regulations

  2. In regulation 21 AA of the Income Support (General) Regulations (Northern Ireland) 1987(8) (special cases: supplemental–persons from abroad)—

    (a) in paragraph (2) after “paragraph (3)” insert “or (3 A)”;

    (b) in paragraph (3)—

    (i) in sub-paragraph (a) for “Immigration (European Economic Area) Regulations 2006”(9) substitute “Immigration (European Economic Area) Regulations 2016”(10);

    (ii) for sub-paragraph (bb)(11) substitute—

    “(bb) regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in paragraph (5) of that regulation;”(12);

    (c) after paragraph (3) insert—

    “(3 A) A right to reside falls within this paragraph if it is one which exists by virtue of a claimant having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971(13) by virtue of—

    (a) Appendix EU to the immigration rules(14) made under section 3(2) of that Act; or

    (b) 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.”;

    (d) in paragraph (4)(za)(15) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”.

    Amendment of the Jobseeker’s Allowance Regulations

  3. In regulation 85 A of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(16) (special cases: supplemental–persons from abroad)—

    (a) in paragraph (2)(b) after “paragraph (3)” insert “or (3 A)”;

    (b) in paragraph (3)(17)—

    (i) in sub-paragraph (a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”;

    (ii) for sub-paragraph (aa) substitute—

    “(aa) regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in paragraph (5) of that regulation;”;

    (c) after paragraph (3) insert—

    “(3 A) A right to reside falls within this paragraph if it is one which exists by virtue of a claimant having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—

    (a) Appendix EU to the immigration rules made under section 3(2) of that Act; or

    (b) 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.”;

    (d) in paragraph (4)(za)(18) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”.

    Amendment of the State Pension Credit Regulations

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