Amendment of the Employment and Support Allowance Regulations7
In regulation 70(3) of the Employment and Support Allowance Regulations (Northern Ireland) 200817 (special cases: supplemental – persons from abroad)—
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).