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

Employment and Support Allowance Regulations 2008

7.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.

(2) In regulation 70 (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”;

(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;”;

(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 by virtue of—

(a) Appendix EU to the immigration rules 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. 2008/794.

(2)

Regulation 70 was amended by S.I. 2012/2587 and S.I. 2014/902. There are other amending instruments but none is relevant.