The Social Security (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2012

Amendment of the State Pension Credit Regulations

4.  In regulation 2(3) of the State Pension Credit Regulations (Northern Ireland) 2003(1) (persons not in Northern Ireland)—

(a) after sub-paragraph (b) insert—

“(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”;

(b) at the end of sub-paragraph (c) omit “or”;

(c) at the end of sub-paragraph (d) add “; or” and the following sub-paragraph—

“(e) Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).”.

(1)

S.R. 2003 No. 28; regulation 2 was substituted by regulation 5 of S.R. 2006 No. 178 and amended by regulation 5 of S.R. 2006 No. 379, regulation 4 of S.R. 2006 No. 523, regulation 4 of S.R. 2009 No. 68 and regulation 14(3) of S.R. 2011 No. 357