Statutory Instruments
2020 No. 683
Social Security
The Social Security (Income-Related Benefits) (Persons of Northern Ireland - Family Members) (Amendment) Regulations 2020
Made
2nd July 2020
Laid before Parliament
3rd July 2020
Coming into force
24th August 2020
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 1992( 1 ), sections 35(1) and 36(2) and (4)(a) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers Act 1995( 2 ), sections 1(5)(a) and 17(1) of the State Pension Credit Act 2002( 3 ), sections 24(1) and 25(2), (3) and (5)(a) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act 2007( 4 ) and sections 4(5)(a), 40 and 42(1), (2) and (3)(a) of the Welfare Reform Act 2012( 5 ).
In accordance with section 173(1)(b) of the Social Security Administration Act 1992( 6 ), the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it.
In relation to regulations 5 and 6, the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned( 7 ).
Citation and commencement
Income Support (General) Regulations 1987
2. —(1)The Income Support (General) Regulations 1987( 8 ) are amended as follows.
(2) In regulation 21AA (special cases: supplemental – persons from abroad)( 9 )—
(a) after paragraph (3A) insert—
“ (3B) Paragraph (3A)(a) does not apply to a person who—
(a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
(b) would have a right to reside under the Immigration (European Economic Area) Regulations 2016 ( 10 ) if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3). ” ;
(b) in paragraph (4)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”;
(c) after paragraph (4)(zc) insert—
“ (zd) a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national; ” ;
(d) after paragraph (4) insert—
“ (5) In this regulation—
“EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd);
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971 ( 11 ) . ” .
Jobseeker’s Allowance Regulations 1996
3. —(1)The Jobseeker’s Allowance Regulations 1996( 12 ) are amended as follows.
(2) In regulation 85A (special cases: supplemental – persons from abroad)( 13 )—
(a) after paragraph (3A) insert—
“ (3B) Paragraph (3A)(a) does not apply to a person who—
(a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
(b) would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3A). ” ;
(b) in paragraph (4)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”;
(c) after paragraph (4)(zc) insert—
“ (zd) a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national; ” ;
(d) after paragraph (4) insert—
“ (5) In this regulation—
“ EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd);
“ relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971. ” .
State Pension Credit Regulations 2002
4. —(1)The State Pension Credit Regulations 2002( 14 ) are amended as follows.
(2) In regulation 2 (persons not in Great Britain)( 15 )—
(a) after paragraph (3A) insert—
“ (3B) Paragraph (3A)(a) does not apply to a person who—
(a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
(b) would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3). ” ;
(b) in paragraph (4)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”;
(c) after paragraph (4)(zc) insert—
“ (zd) a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national; ” ;
(d) after paragraph (4) insert—
“ (5) In this regulation—
“EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“ family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd);
“ relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971. ” .
Housing Benefit Regulations 2006
5. —(1)The Housing Benefit Regulations 2006( 16 ) are amended as follows.
(2) In regulation 10 (persons from abroad)( 17 )—
(a) after paragraph (3AA) insert—
“ (3AB) Paragraph (3AA)(a) does not apply to a person who—
(a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
(b) would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3A). ” ;
(b) in paragraph (3B)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”;
(c) after paragraph (3B)(zc) insert—
“ (zd) a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3AA)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national; ” ;
(d) in paragraph (6)—
(i) before the definition of “refugee” insert—
“ “EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3AB) and (3B)(zd); ” ;
(ii) after the definition of “ refugee” insert—
“ “ relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971. ” .
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 2006( 18 ) are amended as follows.
(2) In regulation 10 (persons from abroad)( 19 )—
(a) after paragraph (4ZA) insert—
“ (4ZB) Paragraph (4ZA)(a) does not apply to a person who —
(a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
(b) would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (4). ” ;
(b) in paragraph (4A)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”;
(c) after paragraph (4A)(zc) insert—
“ (zd) a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (4ZA)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national; ” ;
(d) in paragraph (6) —
(i) before the definition of “refugee” insert—
“ “ EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“ family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (4ZB) and (4A)(zd); ” ;
(ii) after the definition of “ refugee” insert—
“ “relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971. ” .
Employment and Support Allowance Regulations 2008
7. —(1)The Employment and Support Allowance Regulations 2008( 20 ) are amended as follows.
(2) In regulation 70 (special cases: supplemental – persons from abroad)( 21 )—
(a) after paragraph (3A) insert—
“ (3B) Paragraph (3A)(a) does not apply to a person who—
(a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
(b) would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3). ” ;
(b) in paragraph (4)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”;
(c) after paragraph (4)(zc) insert—
“ (zd) a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national; ” ;
(d) after paragraph (4) insert—
“ (5) In this regulation—
“EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd);
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971. ” .
Universal Credit Regulations 2013
8. —(1)The Universal Credit Regulations 2013( 22 ) are amended as follows.
(2) In regulation 9 (persons treated as not being in Great Britain)( 23 )—
(a) after paragraph (3) insert—
“ (3A) Paragraph (3)(c)(i) does not apply to a person who—
(a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
(b) would have a right to reside under the EEA Regulations if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3)(a) or (b) ” ;
(b) in paragraph (4)(b) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of the EEA Regulations”;
(c) after paragraph (4)(c) insert—
“ (ca) a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3)(c)(i), provided that the relevant person of Northern Ireland falls within paragraph (4)(a), or would do so but for the fact that they are not an EEA national; ” ;
(d) after paragraph (4) insert—
“ (5) In this regulation—
“EEA national” has the meaning given in regulation 2(1) of the EEA Regulations;
“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the EEA Regulations, except that regulation 7(4) of the EEA Regulations does not apply for the purposes of paragraphs (3A) and (4)(ca);
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971. ” .
Signed by authority of the Secretary of State for Work and Pensions
Justin Tomlinson
Minister of State
Department for Work and Pensions
2nd July 2020
1992 c. 4 ; section 137(1) is cited because of the meaning given to the word “prescribed”. Section 175(1), (3) and (4) is applied to provisions of the State Pension Credit Act 2002 (c. 16) by section 19(1) of that Act. There are amendments to section 137 and section 175(1) but none is relevant.
1995 c. 18 ; section 35(1) is cited because of the meaning given to the words “applicable amount”, “prescribed” and “regulations”. Paragraph 11 of Schedule 1 was amended by part 1 of Schedule 14 to the Welfare Reform Act 2012 (c. 5) .
2002 c. 16 ; section 17(1) is cited because of the meaning given to the words “prescribed” and “regulations”. There are amendments to section 17(1) but none is relevant.
2007 c. 5 ; section 24(1) is cited because of the meaning given to the words “prescribed” and “regulations”. There are amendments to section 24(1) but none is relevant.
2012 c. 5 . Section 40 is cited because of the meaning given to the word “prescribed”. There are amendments to section 40 but none is relevant.
1992 c. 5 . The amendments to section 173 are not relevant to these Regulations.
See section 176(1) of the Social Security Administration Act 1992 (c. 5) . The amendments to section 176 are not relevant to these Regulations.
Regulation 21AA was added by S.I. 2006/1026 . Relevant amending instruments are S.I. 2006/1981 , S.I. 2006/2528 , S.I. 2009/362 , S.I. 2013/2536 , S.I. 2014/902 and S.I. 2019/872 .
The immigration rules were laid before Parliament on 23rd May 1994 (HC 395). Appendix EU was laid before Parliament on 20th July 2018 as part of a command paper that amended the immigration rules entitled “Statement of Changes in Immigration rules” (Cm 9675). Appendix EU was amended in respect of family members of persons of Northern Ireland as part of a command paper entitled “Statement of Changes in Immigration Rules” (CP 232) laid before Parliament on 14th May 2020. The amendments include a definition of a relevant person of Northern Ireland.
Regulation 85A was inserted by S.I. 2006/1026 . Relevant amending instruments are S.I. 2006/1981 , S.I. 2006/2528 , S.I. 2009/362 , S.I. 2013/2536 , S.I. 2014/902 and S.I. 2019/872 . There are other amending instruments but none is relevant.
Regulation 2 was substituted by S.I. 2006/1026 . Relevant amending instruments are S.I. 2006/1981 , S.I. 2006/2528 , S.I. 2009/362 , S.I. 2013/2536 , S.I. 2014/902 and S.I.2019/872 . There are other amending instruments but none is relevant.
Regulation 10 was amended by S.I. 2006/1026 , S.I. 2006/1981 , S.I. 2006/2528 , S.I. 2008/1082 , S.I. 2013/2536 , S.I. 2014/539 and S.I. 2019/872 . There are other amending instruments but none is relevant.
Regulation 10 was amended by S.I. 2006/1026 , S.I. 2006/1981 , S.I. 2006/2528 , S.I. 2013/2536 , S.I. 2014/902 and 2019/872 . There are other amending instruments but none is relevant.
Regulation 70 was amended by S.I. 2009/362 , S.I. 2013/2536 , S.I. 2014/902 and S.I.2019/872 . There are other amending instruments but none is relevant.
Regulation 9 was amended by S.I. 2013/1508 , S.I. 2015/546 and S.I. 2019/872 . There are other amending instruments but none is relevant.