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

Amendment of the Universal Credit Regulations (Northern Ireland) 2016

2.—(1) The Universal Credit Regulations (Northern Ireland) 2016(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1) (interpretation)(2), in the definition of “the EEA Regulations” for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”(3).

(3) In regulation 9 (persons treated as not being in Northern Ireland)—

(a) at the end of paragraph (3)(b)(ii) omit “or”;

(b) in paragraph (3)(c)—

(i) for “regulation 15A(1)” substitute “regulation 16”;

(ii) for “the claimant” substitute “the person”;

(iii) for “regulation 15A(4A)” substitute “regulation 16(5)”(4);

(c) at the end of paragraph (3)(c) add “, or”;

(d) after paragraph (3)(c) add—

“(d) a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971(5) by virtue of—

(i) Appendix EU to the immigration rules(6) made under section 3(2) of that Act, or

(ii) 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”.

(1)

S.R. 2016 No. 216.

(2)

There are amendments to regulation 2 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).