8.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.
(2) In regulation 21AA (special cases: supplemental – persons from abroad)(2), in paragraph (3A)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert—
“; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit)(3) to the immigration rules made under section 3(2) of that Act.”.
9.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(4) are amended as follows.
(2) In regulation 21AA (special cases: supplemental–persons from abroad)(5), in paragraph (3A)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert—
“; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
10.—(1) The Jobseeker’s Allowance Regulations 1996(6) are amended as follows.
(2) In regulation 85A (special cases: supplemental – persons from abroad)(7), in paragraph (3A)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert—
“; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
11.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(8) are amended as follows.
(2) In regulation 85A (special cases: supplemental–persons from abroad)(9), in paragraph (3A)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert—
“; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
12.—(1) The Asylum Support Regulations 2000(10) are amended as follows.
(2) In regulation 4(4) (persons excluded from support), after paragraph (c) insert—
“; or
(d)he is a national of a member State who has made a claim for asylum, except where that claim for asylum is accepted as admissible under the immigration rules(11); or
(e)he is the dependant of a person to whom sub-paragraph (d) applies.”.
13.—(1) The State Pension Credit Regulations 2002(12) are amended as follows.
(2) In regulation 2 (persons not in Great Britain)(13), in paragraph (3A)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert—
“; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
14.—(1) The Tax Credits (Residence) Regulations 2003(14) are amended as follows.
(2) In regulation 3 (circumstances in which a person is treated as not being in the United Kingdom)(15)—
(a)in paragraph (5)—
(i)after “person” insert “(P)”;
(ii)omit “he”;
(b)in paragraph (5)(a)—
(i)at the beginning insert “P”;
(ii)for “; and” substitute “and one of sub-paragraphs (b), (c) or (d) applies;”;
(c)for paragraph (5)(b) substitute—
“(b)P does not have a right to reside in the United Kingdom;
(c)P has a right to reside under paragraph (1) of regulation 16 of the Immigration (European Economic Area) Regulations 2016, but only in a case where the right exists under that regulation because P satisfies the criteria in paragraph (5) of that regulation; or
(d)P would fall within sub-paragraph (b) or (c) but for the fact that P has limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—
(i)Appendix EU to the immigration rules; or
(ii)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”;
(d)in paragraph (5A), for “(5)(b)(ii)” substitute “(5)(c)”;
(e)in paragraph (5B), for “(5)(b)(iii)” substitute “(5)(d)(i)”.
15.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(16) are amended as follows.
(2) In regulation 2 (persons not in Northern Ireland)(17), in paragraph (3A)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert—
“; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
16.—(1) The Housing Benefit Regulations 2006(18) are amended as follows.
(2) In regulation 10 (persons from abroad)(19), in paragraph (3AA)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert—
“; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
17.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(20) are amended as follows.
(2) In regulation 10 (persons from abroad)(21), in paragraph (4A)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert—
“; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
18.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(22) are amended as follows.
(2) In regulation 10 (persons from abroad)(23), in paragraph (4ZA)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert—
“; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
19.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(24) are amended as follows.
(2) In regulation 10 (persons from abroad)(25), in paragraph (4A)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert—
“; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
20.—(1) The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006(26) are amended as follows.
(2) In each of regulations 4(1A) (other persons from abroad who are ineligible for an allocation of housing accommodation)(27) and 6(1A) (other persons from abroad who are ineligible for housing assistance)(28), for the words from “limited leave to enter” to the end substitute—
“—
(a)limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act; or
(b)leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act
is to be disregarded.”.
21.—(1) The Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006(29) are amended as follows.
(2) In each of regulations 3(1A) (persons from abroad who are ineligible for an allocation of housing accommodation: determination of right to reside)(30) and 4(1A) (persons from abroad who are ineligible for housing assistance: determination of right to reside)(31), for the words from “limited leave to enter” to the end substitute—
“—
(a)limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act; or
(b)leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act
is to be disregarded.”.
22.—(1) The Child Benefit (General) Regulations 2006(32) are amended as follows.
(2) In regulation 23 (circumstances in which person treated as not being in Great Britain)(33)—
(a)in paragraph (4), in sub-paragraph (c), for “Appendix EU to the immigration rules” substitute—
“(i)Appendix EU to the immigration rules; or
(ii)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules.”;
(b)in paragraph (4B), after “Paragraph (4)(c)” insert “(i)”.
(3) In regulation 27 (circumstances in which person treated as not being in Northern Ireland)(34)—
(a)in paragraph (3), in sub-paragraph (c), for “Appendix EU to the immigration rules” substitute—
“(i)Appendix EU to the immigration rules; or
(ii)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules.”;
(b)in paragraph (3B), after “Paragraph (3)(c)” insert “(i)”.
23.—(1) The Employment and Support Allowance Regulations 2008(35) are amended as follows.
(2) In regulation 70 (special cases: supplemental – persons from abroad)(36), in paragraph (3A)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert—
“; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
24.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(37) are amended as follows.
(2) In regulation 70 (special cases: supplemental – persons from abroad)(38), in paragraph (3A)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert—
“; or
(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
25.—(1) The Universal Credit Regulations 2013(39) are amended as follows.
(2) In regulation 9 (persons treated as not being in Great Britain)(40), in paragraph (3)(c)—
(a)at the end of paragraph (i) omit “or”;
(b)at the end of paragraph (ii) insert—
“; or
(iii)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
26.—(1) The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014(41) are amended as follows.
(2) In each of regulations 4(1A) (other persons from abroad who are ineligible for an allocation of housing accommodation)(42) and 6(1A)(other persons from abroad who are ineligible for housing assistance)(43)—
(a)in the English language text, for the words from “limited leave to enter” to the end substitute—
“—
(a)limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules; or
(b)leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules,
is to be disregarded.”;
(b)in the Welsh language text, for the words from “caniatâd cyfyngedig” to the end substitute—
“—
(a)caniatâd cyfyngedig i ddod i mewn i’r Deyrnas Unedig neu i aros ynddi o dan Ddeddf Mewnfudo 1971 yn rhinwedd Atodiad EU i’r rheolau mewnfudo; neu
(b)caniatâd i ddod i mewn i’r Deyrnas Unedig yn rhinwedd cliriad i ddod i mewn a roddwyd o dan Atodiad EU (Hawlen Deuluol) i’r rheolau mewnfudo,
i’w ddiystyru.”.
27.—(1) The Universal Credit Regulations (Northern Ireland) 2016(44) are amended as follows.
(2) In regulation 9 (persons treated as not being in Northern Ireland)(45), in paragraph (3)(d)—
(a)at the end of paragraph (i) omit “or”;
(b)at the end of paragraph (ii) insert—
“, or
(iii)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”.
Regulation 21AA was inserted by S.I. 2006/1026 and was amended by S.I. 2019/872, prospective amendments are made by S.I. 2020/1309. There are other amending instruments but none is relevant.
Appendix EU (Family Permit) was laid before Parliament on 7th March 2019 (HC 1919).
Regulation 21AA was inserted by S.R. 2006 No. 178 and was amended by S.R. 2019 No. 90, prospective amendments are made by S.I. 2020/1309. There are other amending instruments but none is relevant.
Regulation 85A was inserted by S.I. 2006/1026 and was amended by S.I. 2019/872, prospective amendments are made by S.I. 2020/1309. There are other amending instruments but none is relevant.
Regulation 85A was inserted by S.R. 2006 No. 178 and was amended by S.R. 2019 No. 90, prospective amendments are made by S.I. 2020/1309. There are other amending instruments but none is relevant.
Provision is made for the admissibility of asylum claims made by EU nationals in exceptional circumstances under paragraph 236F of the immigration rules.
Regulation 2 was substituted by S.I. 2006/1026 and was amended by S.I. 2019/872, prospective amendments are made by S.I. 2020/1309. There are other amending instruments but none is relevant.
S.I. 2003/654. Relevant amendments are made by S.I. 2004/1243, 2012/2612, 2014/1511, 2019/364, 2019/867, 2020/672 and prospectively by S.I. 2020/1309.
Regulation is prospectively amended by S.I. 2020/1309.
Regulation 2 was substituted by S.R. 2006 No. 178 and amended by S.R. 2019 No. 90, it is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.
S.I. 2006/213, prospective amendments are made by S.I. 2020/1309.
Regulation 10 was amended by S.I. 2019/872 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.
S.R. 2006 No. 405, prospective amendments are made by S.I. 2020/1309.
Regulation 10 was amended by S.R. 2019 No. 90 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.
S.I. 2006/214, prospective amendments are made by S.I. 2020/1309.
Regulation 10 was amended by S.I. 2019/872 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.
S.R. 2006 No. 406. Prospective amendments are made by S.I. 2020/1309.
Regulation 10 was amended by S.R. 2019 No. 90 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.
S.I. 2006/1294; amended by S.I. 2012/2588, 2019/861, and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.
Regulation 4 is prospectively amended by S.I. 2020/1309.
Regulation 6 is prospectively amended by S.I. 2020/1309.
S.R. 2006 No. 397; amended by S.R. 2012 No. 429, S.R. 2019 No. 86, and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.
Regulation 3 is prospectively amended by S.I. 2020/1309.
Regulation 4 is prospectively amended by S.I. 2020/1309.
S.I. 2006/223. Relevant amendments are made by S.I. 2007/2150, 2012/2612, 2014/1511, 2019/364, S.I. 2019/867 and 2020/672. It is prospectively amended by S.I. 2020/1309.
Regulation 23 is prospectively amended by S.I. 2020/1309.
Regulation 27 is prospectively amended by S.I. 2020/1309.
Regulation 70 was amended by S.I. 2019/872 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.
Regulation 70 was amended by S.R. 2019 No. 90 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.
Regulation 9 was amended by S.I. 2019/872 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.
S.I. 2014/2603 (W. 57), amended by S.I. 2017/698 (W. 164), 2019/1041 (W. 183), 2019/1149 (W. 199), 2020/1209 and prospectively amended by S.I. 2020/1309.
Regulation 4 is prospectively amended by S.I. 2020/1309.
Regulation 6 is prospectively amended by S.I. 2020/1309.
Regulation 9 was amended by S.R. 2019 No. 89 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.