2020 No. 149
The Social Security (Income-related Benefits) (Persons of Northern Ireland – Family Members) (Amendment) Regulations (Northern Ireland) 2020
Made
Coming into operation
The Department for Communities1 makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 133(2)(a) and (i) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, Article 36(2) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 19953, and now vested in it4, sections 1(5)(a) and 19(1), (2)(a) and (3) of the State Pension Credit Act (Northern Ireland) 20025 and section 25(2) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act (Northern Ireland) 20076.
Regulations 5 and 6 are made with the consent of the Department of Finance7.
Citation and commencement1
1
These Regulations may be cited as the Social Security (Income-related Benefits) (Persons of Northern Ireland – Family Members) (Amendment) Regulations (Northern Ireland) 2020 and shall come into operation on 24th August 2020.
2
The Interpretation Act (Northern Ireland) 19548 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Income Support (General) Regulations2
In regulation 21AA of the Income Support (General) Regulations (Northern Ireland) 19879 (special cases: supplemental–persons from abroad)—
a
after paragraph (3A) insert—
3B
Paragraph (3A)(a) does not apply to a person who—
a
has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
b
would have a right to reside under the Immigration (European Economic Area) Regulations 201610 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3).
b
in paragraph (4)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”;
c
after paragraph (4)(zc) insert—
zd
a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national;
d
after paragraph (4) add—
5
In this regulation—
“EEA national” has the same meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd);
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 197111.
Amendment of the Jobseeker’s Allowance Regulations3
In regulation 85A of the Jobseeker’s Allowance Regulations (Northern Ireland) 199612 (special cases: supplemental–persons from abroad)—
a
after paragraph (3A) insert—
3B
Paragraph (3A)(a) does not apply to a person who—
a
has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
b
would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3A).
b
in paragraph (4)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”;
c
after paragraph (4)(zc) insert—
zd
a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national;
d
after paragraph (4) add—
5
In this regulation—
“EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd);
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.
Amendment of the State Pension Credit Regulations4
In regulation 2 of the State Pension Credit Regulations (Northern Ireland) 200313 (persons not in Northern Ireland)—
a
after paragraph (3A) insert—
3B
Paragraph (3A)(a) does not apply to a person who—
a
has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
b
would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3).
b
in paragraph (4)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”;
c
after paragraph (4)(zc) insert—
zd
a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national;
d
after paragraph (4) add—
5
In this regulation—
“EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd);
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.
Amendment of the Housing Benefit Regulations5
In regulation 10 of the Housing Benefit Regulations (Northern Ireland) 200614(persons from abroad)—
a
after paragraph (4A) add—
4B
Paragraph (4A)(a) does not apply to a person who —
a
has a right to reside granted by virtue of being a family member of a person of a relevant person of Northern Ireland; and
b
would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3A).
b
in paragraph (5)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”;
c
after paragraph (5)(zc) insert
zd
a family member of a relevant person of Northern Ireland with a right to reside which falls within paragraph (4A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national
d
for paragraph (7) substitute—
7
In this regulation—
“EEA national” has the same meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the same meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016, except that regulation 7(4) of those Regulations does not apply for the purposes of paragraph (4B) and (5)(zd) of this regulation;
“refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees;
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.
Amendment of the Housing Benefit (Persons who have attained qualifying age for state pension credit) Regulations6
In regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension) Regulations (Northern Ireland) 200615 (persons from abroad)—
a
after paragraph (4A) add—
4B
Paragraph (4A)(a) does not apply to a person who —
a
has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
b
would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (4).
b
in paragraph (5)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”;
c
after paragraph (5)(zc) insert
zd
a family member of a relevant person of Northern Ireland with a right to reside which falls within paragraph (4A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national;
d
for paragraph (7) substitute—
7
In this regulation—
“EEA national” has the same meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the same meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016, except that regulation 7(4) of those Regulations does not apply for the purposes of paragraph (4B) and (5)(zd) of this regulation;
“refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees;
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.
Amendment of the Employment and Support Allowance Regulations7
In regulation 70 of the Employment and Support Allowance Regulations (Northern Ireland) 200816(special cases: supplemental – persons from abroad) insert—
a
after paragraph (3A) add—
3B
Paragraph (3A)(a) does not apply to a person who —
a
has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
b
would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3).
b
in paragraph (4)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”;
c
after paragraph (4)(zc) insert
zd
a family member of a relevant person of Northern Ireland with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national.
d
after paragraph (5) add—
6
In this regulation—
“EEA national” has the same meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the same meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016, except that regulation 7(4) of those Regulations does not apply for the purposes of paragraph (3B) and (4)(zd) of this regulation;
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.
Sealed with the Official Seal of the Department for Communities on 23rd July 2020
The Department of Finance hereby consents to regulations 5 and 6.
Sealed with the Official Seal of the Department of Finance on 23rd July 2020
(This note is not part of the Regulations)