PART 9AMOUNTS OF ALLOWANCE
CHAPTER 1Prescribed amounts
Special cases: supplemental – persons from abroad70
1
“Person from abroad” means, subject to the following provisions of this regulation, a claimant who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
2
A claimant must not be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless the claimant has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3).
3
A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—
a
regulation 13 of the Immigration (European Economic Area) Regulations 2006 F1;
b
regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the claimant is—
i
a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations; or
ii
a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;
c
Article 6 of Council Directive No.2004/38/ECF2; or
d
Article 39 of the Treaty establishing the European Community (in a case where the claimant is a person seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).
4
A claimant is not a person from abroad if the claimant is—
a
a worker for the purposes of Council Directive No.2004/38/EC;
b
a self-employed person for the purposes of that Directive;
c
a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;
d
a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;
e
a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;
f
a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—
i
regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 F3 (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”); or
ii
regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 F4 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);
g
h
a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 1971 F7;
i
a person who has humanitarian protection granted under those rules;
j
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; or
k
a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.