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

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Amendment of the Income Support (General) Regulations 1987

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2.—(1) Regulation 21AA of the Income Support (General) Regulations 1987(1) (special cases: supplemental – persons from abroad) is amended as follows.

(2) After paragraph (3)(b), insert—

(bb)regulation 15A(1) of those Regulations(2), 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;.

(3) At the end of paragraph (3)(c), omit “or”.

(4) At the end of paragraph (3)(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.I. 1987/1967; regulation 21AA was inserted by S.I. 2006/1026; there are other amending instruments but none is relevant.

(2)

S.I. 2006/1003; regulation 15A(1) was inserted by S.I. 2012/1547 and regulation 15A(4A) was inserted by S.I. 2012/2560.

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