Amendment of the Income Support (General) Regulations2.

In regulation 21AA of the Income Support (General) Regulations (Northern Ireland) 19878 (special cases: supplemental–persons from abroad)—

(a)

in paragraph (2) after “paragraph (3)” insert “or (3A)”;

(b)

in paragraph (3)—

(i)

in sub-paragraph (a) for “Immigration (European Economic Area) Regulations 2006”9 substitute “Immigration (European Economic Area) Regulations 2016”10;

(ii)

for sub-paragraph (bb)11 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;”12;

(c)

after paragraph (3) insert—

“(3A)

A right to reside falls within this paragraph if it is one which exists by virtue of a claimant having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 197113 by virtue of—

(a)

Appendix EU to the immigration rules14 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.”;

(d)

in paragraph (4)(za)15 for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”.