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

Income Support (General) Regulations 1987

2.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.

(2) In regulation 21AA (special cases: supplemental – persons from abroad)(2)—

(a) at the end of paragraph (2) add “or (3A)”;

(b) in paragraph (3)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”(3);

(c) for paragraph (3)(bb) 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;”(4);

(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(5) by virtue of—

(a) Appendix EU to the immigration rules(6) 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) in paragraph (4)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”.

(1)

S.I. 1987/1967.

(2)

Regulation 21AA was added by S.I. 2006/1026. Relevant amending instruments are S.I. 2012/2587 and S.I. 2014/902. There are other amending instruments but none is relevant.

(3)

S.I. 2016/1052.

(4)

The definition of “primary carer” in regulation 16 was amended by S.I. 2018/801. There are other amendments but none is relevant.

(5)

1971 c. 77.

(6)

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 the Zambrano right to reside by a further command paper entitled “Statement of Changes in Immigration Rules” laid before Parliament on 7th March 2019 (HC 1919).