The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/872 |
| Year | 2019 |
2019 No. 872
Exiting The European Union
Social Security
The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019
Made 16th April 2019
Laid before Parliament 16th April 2019
Coming into force 7th May 2019
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a) and (d), 137(1) and (2)(a) and (i) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 35(1) and 36(2) and (4) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers Act 19952, sections 1(5)(a) and 17(1) of the State Pension Credit Act 20023, sections 24(1) and 25(2), (3) and (5) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act 20074and sections 4(5)(a) and 42(1), (2) and (3) of the Welfare Reform Act 20125.
The Secretary of State has not referred proposals in respect of these Regulations to the Social Security Advisory Committee, as it appears to her that by reason of the urgency of the matter it is inexpedient to do so6.
In relation to regulations 5 and 6, the Secretary of State has not undertaken consultation with organisations appearing to her to be representative of the authorities concerned, as it appears to her that by reason of the urgency of the matter it is inexpedient to do so7.
Citation and commencement
1. These Regulations may be cited as the Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 and come into force on 7th May 2019.
Income Support (General) Regulations 1987
2.—(1) The Income Support (General) Regulations 19878are amended as follows.
(2) In regulation 21AA (special cases: supplemental – persons from abroad)9—
(a)
(a) at the end of paragraph (2) add “or (3A)”;
(b)
(b) in paragraph (3)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”10;
(c)
(c) for paragraph (3)(bb) substitute—
“(bb)
“(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;”;
(d)
(d) after paragraph (3) insert—
“3A A right to reside falls within this paragraph if it exists by virtue of a claimant having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 197112by virtue of—
(a) Appendix EU to the immigration rules13made 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.”;
(e)
(e) in paragraph (4)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”.
Jobseeker’s Allowance Regulations 1996
3.—(1) The Jobseeker’s Allowance Regulations 199614are amended as follows.
(2) In regulation 85A (special cases: supplemental – persons from abroad)15—
(a)
(a) at the end of paragraph (2)(b) add “or (3A)”;
(b)
(b) in paragraph (3)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”;
(c)
(c) for paragraph (3)(aa) substitute—
“(aa)
“(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;”;
(d)
(d) after paragraph (3) insert—
“3A A right to reside falls within this paragraph if it 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.”;
(e)
(e) in paragraph (4)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”.
State Pension Credit Regulations 2002
4.—(1) The State Pension Credit Regulations 200216are amended as follows.
(2) In regulation 2 (persons not in Great Britain)17—
(a)
(a) at the end of paragraph (2) add “or (3A)”;
(b)
(b) in paragraph (3)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”;
(c)
(c) for paragraph (3)(bb) substitute—
“(bb)
“(bb) regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the person satisfies the criteria in paragraph (5) of that regulation;”;
(d)
(d) after paragraph (3) insert—
“3A A right to reside falls within this paragraph if it exists by virtue of a person 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.”;
(e)
(e) in paragraph (4)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”.
Housing Benefit Regulations 2006
5.—(1) The Housing Benefit Regulations 200618are amended as follows.
(2) In regulation 10 (persons from abroad)19—
(a)
(a) at the end of paragraph (3) add “or (3AA)”;
(b)
(b) in paragraph (3A)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”;
(c)
(c) for paragraph (3A)(bb) substitute—
“(bb)
“(bb) regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the person satisfies the criteria in paragraph (5) of that regulation;”;
(d)
(d) after paragraph (3A) insert—
“3AA A right to reside falls within this paragraph if it exists by virtue of a person 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.”;
(e)
(e) in paragraph (3B)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”.
Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
6.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200620are amended as follows.
(2) In regulation 10 (persons from abroad)21—
(a)
(a) at the end of paragraph (3) add “or (4ZA)”;
(b)
(b) in paragraph (4)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”;
(c)
(c) for paragraph (4)(bb) substitute—
“(bb)
“(bb) regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the person satisfies the criteria in paragraph (5) of that regulation;”;
(d)
(d) after paragraph (4) insert—
“4ZA A right to reside falls within this paragraph if it exists by virtue of a person 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.”;
(e)
(e) in paragraph (4A)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”.
Employment and Support Allowance Regulations 2008
7.—(1) The Employment and Support Allowance Regulations 200822are amended as follows.
(2) In regulation 70 (special cases: supplemental – persons from abroad)23—
(a)
(a) at the end of paragraph (2) add “or (3A)”;
(b)
(b) in paragraph (3)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”;
(c)
(c) for paragraph (3)(bb) substitute—
“(bb)
“(bb) regulation 16 of those Regulations, but only in a...
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