The Social Security (Persons from Abroad) (Amendment) Regulations (Northern Ireland) 2006

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the State Pension Credit Regulations (Northern Ireland) 2003 (“the income-related benefits regulations”) and the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (“the Social Fund regulations”).

The Regulations amend the income-related benefits regulations and the Social Fund regulations in consequence of the Council Directive No. 2004/38/EC (O.J. No. L158, 30.4.04, p.77) (“the Directive”), the provisions of which are to be transposed by the Immigration (European Economic Area) Regulations 2006. In particular, they amend the income-related benefits regulations so that the categories of persons who are excepted from the habitual residence test are defined in terms of the Directive. They also amend the income-related benefits regulations so that no claimant who has a right to reside existing by virtue of or in accordance with one or more of the specified rights will be treated as habitually resident for the purpose of entitlement to income support, jobseeker’s allowance, housing benefit and state pension credit. This applies the derogation in Article 24(2) of the Directive.

The Regulations also include provision to ensure that a national of Norway, Iceland, Liechtenstein or Switzerland is treated as having the same status or right as a national of a member State in certain circumstances.

Regulation 8 makes consequential revocations, while preserving relevant transitional and savings provisions.

In so far as these Regulations are required, for the purposes of regulation 3, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.