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).”.