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) F12or (3A).

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 F13Immigration (European Economic Area) Regulations 2016

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;

F14bb

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;

c

Article 6 of Council Directive No.2004/38/ECF1; F6...

d

F5Article 45 of the Treaty on the Functioning of the European Union (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)F7; or

F7e

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).

F153A

A right to reside falls within this paragraph if it exists by virtue of a claimant having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—

a

Appendix EU to the immigration rules 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.

F173B

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).

4

A claimant is not a person from abroad if the claimant is—

F11za

a qualified person for the purposes of regulation 6 of the F16Immigration (European Economic Area) Regulations 2016 as a worker or a self-employed person;

zb

a family member of a person referred to in sub-paragraph (za)F20...;

zc

a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;

F19zd

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;

F11a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11c

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F11d

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F11e

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F11f

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g

a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 F2, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 F3;

F8h

a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 where that leave is—

i

discretionary leave to enter or remain in the United Kingdom;

ii

leave to remain under the Destitution Domestic Violence concession; or

iii

leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005;

i

a person who has humanitarian protection granted under those rules; F9or

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; F4...

F10k

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F10l

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F185

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.