The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020

PART 3 U.K. Access to benefits and services

Amendment of the Income Support (General) Regulations 1987 U.K.

53.—(1) The Income Support (General) Regulations 1987 M1 are amended as follows.

(2) In regulation 21AA (special cases- supplemental persons from abroad)—

(a) in paragraph (3)—

(i) at the end of sub-paragraph (b)(ii) insert “ or ”;

(ii) omit sub-paragraphs (c) to (e);

(b) after paragraph (4) (zd) insert—

“(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf) a family member, of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”

(c) after paragraph (5) insert—

“(6) In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”

Commencement Information

I1 Reg. 53 not in force at made date, see reg. 1

I2 Reg. 53 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M1 S.I. 1987/1967. Regulation 21AA was inserted by S.I. 2006/1026. Relevant amending instruments are S.I. 2012/2587, 2018/801, 2019/872 and 2020/683.

Amendment of the Income Support (General) Regulations (Northern Ireland) 1987 U.K.

54.—(1) The Income Support (General) Regulations (Northern Ireland) 1987 M2 are amended as follows.

(2) In regulation 21AA (special cases: supplemental–persons from abroad)—

(a) in paragraph (3)—

(i) at the end of sub-paragraph (b)(ii) insert “ or ”;

(ii) omit sub-paragraphs (c) to (e);

(b) after paragraph (4)(zd) insert—

“(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf) a family member, of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”;

(c) after paragraph (5) insert —

“(6) In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I3 Reg. 54 not in force at made date, see reg. 1

I4 Reg. 54 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M2 S.R. 1987 No. 459. Regulation 21AA was inserted by regulation 2(3) of S.R. 2006 No. 178. Relevant amending instruments are S.R. 2012 No. 380, S.I. 2018/1085, S.R. 2019 No. 90 and S.R. 2020 No.149.

Amendment of the Jobseeker's Allowance Regulations 1996 U.K.

55.—(1) The Jobseeker's Allowance Regulations 1996 M3 are amended as follows.

(2) In regulation 85A(special cases: supplemental – persons from abroad)—

(a) in paragraph (3)—

(i) at the end of sub-paragraph (a) insert “ or ”;

(ii) omit sub-paragraphs (b) and (c);

(b) after paragraph (4)(zd) insert—

“(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf) a family member, of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”;

(c) after paragraph (5) insert —

“(6) In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I5 Reg. 55 not in force at made date, see reg. 1

I6 Reg. 55 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M3 S.I. 1996/207. Regulation 85A was inserted by S.I. 2006/1026. Relevant amending instruments are S.I. 2012/2587, 2014/902, 2019/872 and 2020/683.

Amendment of the Jobseeker's Allowance Regulations (Northern Ireland) 1996 U.K.

56.—(1) The Jobseeker's Allowance Regulations (Northern Ireland)1996 M4 are amended as follows.

(2) In regulation 85A (special cases: supplemental – persons from abroad)—

(a) in paragraph (3)—

(i) at the end of sub-paragraph (a) insert “ or ”;

(ii) omit sub-paragraphs (b) and (c);

(b) after paragraph (4)(zd) insert—

“(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf) a family member, of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”;

(c) after paragraph (5) insert —

“(6) In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I7 Reg. 56 not in force at made date, see reg. 1

I8 Reg. 56 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M4 S.R. 1996 No. 198. Regulation 85A was inserted by regulation 4(3) of S.R. 2006 No. 178. Relevant amending instruments are S.R. 2006 No. 379, S.R. 2009 No. 68, S.R. 2012 No. 380, S.R. 2013 Nos. 246 and 308, S.R. 2014 Nos. 133 and 263, S.R. 2019 No. 90 and S.R. 2020 No.149.

Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 U.K.

57.—(1) The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 M5 are amended as follows.

(2) In Part II of the Schedule (persons not excluded from certain benefits under section 115 of the Immigration and Asylum Act 1999), omit paragraph 1.

Commencement Information

I9 Reg. 57 not in force at made date, see reg. 1

I10 Reg. 57 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M5 S.I. 2000/636, relevant amending instruments are S.I. 2002/2497, 2008/3108, 2013/388 and 2013/1474.

Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 U.K.

58.—(1) The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 M6 are amended as follows.

(2) In Part II of the Schedule (persons not excluded from certain benefits under section 115 of the Immigration and Asylum Act 1999), omit paragraph 1.

Commencement Information

I11 Reg. 58 not in force at made date, see reg. 1

I12 Reg. 58 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M6 S.R. 2000 No. 71, relevant amending instruments are S.R. 2002 No. 323, S.R. 2013 No. 167 and S.R. 2016 No. 228.

Amendment of the State Pension Credit Regulations 2002 U.K.

59.—(1) The State Pension Credit Regulations 2002 M7 are amended as follows.

(2) In regulation 2 (persons not in Great Britain)—

(a) in paragraph (3)—

(i) at the end of sub-paragraph (b)(ii) insert “ or ”;

(ii) omit sub-paragraphs (c) to (e);

(b) after paragraph (4)(zd) insert—

“(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf) a family member of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”;

(c) after paragraph (5) insert —

“(6) In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I13 Reg. 59 not in force at made date, see reg. 1

I14 Reg. 59 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M7 S.I. 2002/1792. Regulation 2 was substituted by S.I. 2006/1026. Relevant amending instruments are S.I. 2012/1809, 2012/ 2587, 2016/1052, 2019/872 and 2020/683.

Amendment of the State Pension Credit Regulations (Northern Ireland) 2003 U.K.

60.—(1) The State Pension Credit Regulations (Northern Ireland) 2003 M8 are amended as follows.

(2) In regulation 2 (persons not in Northern Ireland)—

(a) in paragraph (3)

(i) at the end of sub-paragraph (b)(ii) insert “ or ”;

(ii) omit sub-paragraphs (c) to (e);

(b) after paragraph (4)(zd) insert—

“(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf) a family member of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”;

(c) after paragraph (5) insert —

“(6) In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I15 Reg. 60 not in force at made date, see reg. 1

I16 Reg. 60 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M8 S.R. 2003 No. 28. Regulation 2 was substituted by regulation 5 of S.R. 2006 No. 178. Relevant amending instruments are S.R. 2006 No. 379, S.R. 2009 No. 68, S.R. 2012 No. 380, S.R. 2013 No. 246, S.R. 2014 No. 133, S.R. 2019 No. 90 and S.R. 2020 No.149.

Amendment of the Tax Credits (Residence) Regulations 2003 U.K.

61.—(1) The Tax Credits (Residence) Regulations 2003 M9 are amended as follows.

(2) In regulation 3 (circumstances in which a person is treated as not being in the United Kingdom) in paragraph (7)—

(a) in sub-paragraph (e), for “or (i)” substitute “ , (i) or (o) ”;

(b) for sub-paragraph (i) substitute—

“(i) is not a national of an EEA State and would be a worker or self-employed person in the United Kingdom for the purposes of the Immigration (European Economic Area) Regulations 2016 if that person—

(i) were a national of an EEA State; and

(ii) a “member of the post-transition period group” within the meaning of paragraph 1 of Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions (EU Exit) Regulations 2020;”; and

(c) after sub-paragraph (n), but before the full stop, insert—

“(o) is a national of an EEA State and would satisfy the criteria in sub-paragraph (b) or (c) if they were a “member of the post-transition period group” within the meaning of paragraph 1 of Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions (EU Exit) Regulations 2020”;

(d) after paragraph (11) insert—

“(12) In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I17 Reg. 61 not in force at made date, see reg. 1

I18 Reg. 61 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M9 S.I. 2003/654, relevant amending instruments are S.I. 2014/1511, 2018/788, 2019/364 and 2020/672.

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 U.K.

62.—(1) The Social Fund Maternity and Funeral Expenses (General) Regulations 2005 M10 are amended as follows.

(2) In regulation 7 (funeral payments: entitlement)—

(a) for paragraph (10) substitute—

“(10) This paragraph applies where the responsible person or the responsible person's partner is—

(a) a qualified person within the meaning of regulation 6(1)(b) (worker) or (c) (self-employed person) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations);

(b) a person who retains the status referred to in sub-paragraph (a) pursuant to regulation 6(2) or (4) of the EEA Regulations;

(c) a person who is a family member of a person referred to in sub-paragraph (a) or (b) within the meaning of regulation 7(1) of the EEA Regulations; or

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

(e) a person granted indefinite leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act.”;

(b) after paragraph (10) insert—

“(11) References in this regulation to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I19 Reg. 62 not in force at made date, see reg. 1

I20 Reg. 62 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M10 S.I. 2005/3061, relevant amendments are made by S.I. 2006/1026.

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 U.K.

63.—(1) The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 M11 are amended as follows.

(2) In regulation 7 (funeral payments: entitlements)—

(a) for paragraph (10) substitute—

“(10) This paragraph applies where the responsible person or the responsible person's partner is—

(a) a qualified person within the meaning of regulation 6(1)(b) (worker) or (c) (self-employed person) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations);

(b) a person who retains the status referred to in sub-paragraph (a) pursuant to regulation 6(2) or (4) of the EEA Regulations;

(c) a person who is a family member of a person referred to in sub-paragraph (a) or (b) within the meaning of regulation 7(1) of the EEA Regulations;

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

(e) a person granted indefinite leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act.”;

(b) after paragraph (10) insert—

“(11) References in this regulation to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I21 Reg. 63 not in force at made date, see reg. 1

I22 Reg. 63 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M11 S.R. 2005 No. 506, relevant amendments are made by S.R. 2006 No. 178.

Amendment of the Housing Benefit Regulations 2006 U.K.

64.—(1) The Housing Benefit Regulations 2006 M12 are amended as follows.

(2) In regulation 10 (persons from abroad)—

(a) in paragraph (3A)—

(i) at the end of sub-paragraph (b)(ii) insert “ or ”;

(ii) omit sub-paragraphs (c) to (e);

(b) after paragraph (3B)(zd) insert—

“(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf) a family member, of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”;

(c) after paragraph (6) insert—

“(7) References in this regulation to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I23 Reg. 64 not in force at made date, see reg. 1

I24 Reg. 64 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M12 S.I. 2006/213, relevant amending instruments are S.I. 2006/1026, 2012/1809, 2012/2587, 2014/902, 2019/872 and 2020/683.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 U.K.

65.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M13 are amended as follows.

(2) In regulation 10 (persons from abroad)—

(a) in paragraph (4)—

(i) at the end of sub-paragraph (b)(ii) insert “ or ”;

(ii) omit sub-paragraphs (c) to (e);

(b) after paragraph (4A) (zd) insert—

“(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf) a family member of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”;

(c) after paragraph (6) insert—

“(7) References in this regulation to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I25 Reg. 65 not in force at made date, see reg. 1

I26 Reg. 65 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M13 S.I. 2006/214, relevant amending instruments are S.I. 2006/1026, 2012/1809, 2012/2587, 2014/902, 2019/872 and 2020/683.

Amendment of the Child Benefit (General) Regulations 2006 U.K.

66.—(1) The Child Benefit (General) Regulations 2006 M14 are amended as follows.

(2) In regulation 1(citation, commencement and interpretation), after paragraph (3) insert—

“(3A) In these Regulations references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

(3) In regulation 23 (circumstances in which person treated as not being in Great Britain) in paragraph (6)—

(a) in sub-paragraph (e), for “or (i)” substitute “ , (i) or (o) ”;

(b) for sub-paragraph (i) substitute—

“(i) is not a national of an EEA State and would be a worker or self-employed person in the United Kingdom for the purposes of the Immigration (European Economic Area) Regulations 2016 if that person—

(i) were a national of an EEA State; and

(ii) a “member of the post-transition period group” within the meaning of paragraph 1 of Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions (EU Exit) Regulations 2020;”;

(c) after sub-paragraph (n), but before the full stop, insert—

“(o) is a national of an EEA State and would satisfy the criteria in sub-paragraph (b) or (c) if they were a “member of the post-transition period group” within the meaning of paragraph 1 of Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions (EU Exit) Regulations 2020”.

(4) In regulation 27 (circumstances in which person treated as not being in Northern Ireland) in paragraph (5)—

(a) in sub-paragraph (e), for “or (i)” substitute “ , (i) or (o) ”;

(b) for sub-paragraph (i) substitute—

“(i) is not a national of an EEA State and would be a worker or self-employed person in the United Kingdom for the purposes of the Immigration (European Economic Area) Regulations 2016 if that person—

(i) were a national of an EEA State; and

(ii) a “member of the post-transition period group” within the meaning of fell within paragraph 1 of Schedule 4 to the Immigration and Social Security Co-Ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions (EU Exit) Regulations 2020;”; and

(c) after sub-paragraph (n), but before the full stop, insert—

“(o) is a national of an EEA State and would satisfy the criteria in sub-paragraphs (b) or (c) if they were a “member of the post-transition period group” within the meaning of paragraph 1 of Schedule 4 to the Immigration and Social Security Co-Ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions (EU Exit) Regulations 2020”.

Commencement Information

I27 Reg. 66 not in force at made date, see reg. 1

I28 Reg. 66 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M14 S.I. 2006/223, relevant amending instruments are S.I. 2014/1511, 2018/788, 2019/364 and 2020/672.

Amendment of the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 U.K.

67.—(1) The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 M15 , are amended as follows.

(2) In regulation 5 (persons treated as occupying premises as their only or main residence for the purposes of section 254 of the Act), in paragraph (2)—

(a) for sub-paragraph (a) substitute—

“(a) “a migrant worker” is—

(i) a person who has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules and who has taken up activity in the United Kingdom as an employed person;

(ii) a person who has a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not a British citizen, for entry into the United Kingdom for the purpose of taking employment;

(iii) a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;”;

(b) after sub-paragraph (a) insert—

“(ab) residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020;”

(c) omit sub-paragraphs (b) and (c).

Commencement Information

I29 Reg. 67 not in force at made date, see reg. 1

I30 Reg. 67 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M15 S.I. 2006/373.

Amendment of the Housing Benefit Regulations (Northern Ireland) 2006 U.K.

68.—(1) The Housing Benefit Regulations (Northern Ireland) 2006 M16 are amended as follows.

(2) In regulation 10 (persons from abroad)—

(a) in paragraph (4)—

(i) at the end of sub-paragraph (b)(ii) insert “ or ”;

(ii) omit sub-paragraphs (c) to (e);

(b) after paragraph (5)(zd) insert—

“(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf) a family member of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”;

(c) after paragraph (7) insert—

“(8) In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I31 Reg. 68 not in force at made date, see reg. 1

I32 Reg. 68 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M16 S.R. 2006 No. 405, relevant amending instruments are S.R. 2012 No. 380, S.R 2019 No. 90 and S.R. 2020 No.149.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 U.K.

69.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 M17 are amended as follows.

(2) In regulation 10 (persons from abroad)—

(a) in paragraph (4)—

(i) at the end of sub-paragraph (b)(ii) insert “ or ”;

(ii) omit sub-paragraphs (c) to (e);

(b) after paragraph (5)(zd) insert—

“(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;”

“(zf) a family member of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”

(c) after paragraph (7) insert—

“(8) References in this regulation to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I33 Reg. 69 not in force at made date, see reg. 1

I34 Reg. 69 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M17 S.R. 2006 No. 406, relevant amending instruments are S.R. 2012 No. 380, S.R. 2019 No. 90 and S.R. 2020 No.149.

Amendment of the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Wales) Regulations 2006 U.K.

70.—(1) The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Wales) Regulations 2006 M18 are amended as follows.

(2) In regulation 5 (persons treated as occupying premises as their only or main residence for the purposes of section 254 of the Act)—

(a) in the English language text, in paragraph (2)—

(i) for sub-paragraph (a) substitute—

“(a) “a migrant worker” (“gweithiwr mudol”) is—

(i) a person who has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules and who has taken up activity in the United Kingdom as an employed person;

(ii) a person who has a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not a British citizen, for entry into the United Kingdom for the purpose of taking employment;

(iii) a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;”;

(ii) after sub-paragraph (a) insert—

“(ab) “residence scheme immigration rules” (“rheolau mewnfudo'r cynllun preswylio”) has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020;”;

(iii) omit sub-paragraphs (b) and (c);

(b) in the Welsh language text, in paragraph (2)—

(i) for sub-paragraph (a) substitute—

“(a) “gweithiwr mudol” (“a migrant worker”) yw—

(i) person sydd â chaniatâd i ddod i mewn i'r Deyrnas Unedig neu i aros ynddi a roddwyd yn rhinwedd rheolau mewnfudo'r cynllun preswylio ac sydd wedi ymgymryd â gweithgarwch yn y Deyrnas Unedig fel person cyflogedig;

(ii) person sydd â phermit sy'n dangos, yn unol â'r rheolau mewnfudo, fod person a enwir ynddo yn gymwys, er nad yw'n ddinesydd Prydeinig, i gael mynediad i'r Deyrnas Unedig at ddibenion cymryd cyflogaeth;

(iii) person sy'n weithiwr trawsffiniol o fewn ystyr “frontier worker” yn rheoliad 3 o Reoliadau Hawliau Dinasyddion (Gweithwyr Trawsffiniol) (Ymadael â'r UE) 2020;”;

(ii) after sub-paragraph (a) insert—

“(ab) mae i “rheolau mewnfudo'r cynllun preswylio” yr ystyr a roddir i “residence scheme immigration rules” gan adran 17 o Ddeddf yr Undeb Ewropeaidd (Cytundeb Ymadael) 2020;”;

(iii) omit sub-paragraphs (b) and (c).

Commencement Information

I35 Reg. 70 not in force at made date, see reg. 1

I36 Reg. 70 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M18 S.I. 2006/1715 (W. 177).

Amendment of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 U.K.

71.—(1) The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 M19 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1), in the definition of “the EEA Regulations” for “Immigration (European Economic Area) Regulations 2006” substitute “ Immigration (European Economic Area) Regulations 2016 and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020 ”;

(b) after paragraph (2)(a) insert—

“(ab) frontier worker” means a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;”

(c) in paragraph (2)(b)—

(i) for “or worker” substitute “ , worker or frontier worker ”;

(ii) for “those Regulations” substitute “ the EEA Regulations ”;

(d) in paragraph (3), after “4(2)(d)” and after “6(2)(d)” insert “ and (k) ”.

(3) In regulation 4 (other persons from abroad who are ineligible for an allocation of housing accommodation)—

(a) in paragraph (1)(b)(iii), for “regulation 15A(1)” substitute “ regulation 16(1) ”;

(b) in paragraph (1)(b)(iii), for “regulation 15A(4A)” substitute “ regulation 16(5) ”;

(c) omit paragraph (1)(b)(iv);

(d) for paragraph (1)(c) substitute “ his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii) ”;

(e) after paragraph (2)(g), insert—

“(j) a frontier worker; and”

“(k) a person who—

(i) is a family member of a person specified in sub-paragraph (j); and

(ii) has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act.”.

(4) In regulation 6 (other persons from abroad who are ineligible for housing assistance)—

(a) in paragraph (1)(b)(iii) for “regulation 15A(1)” substitute “ regulation 16(1) ”;

(b) in paragraph (1)(b)(iii) for “regulation 15A(4A)” substitute “ regulation 16(5) ”;

(c) omit paragraph (1)(b)(iv);

(d) for paragraph (1)(c) substitute “ his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii) ”;

(e) after paragraph (2)(g), insert—

“(j) a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020; and

(k) a person who—

(i) is a family member of a person specified in sub-paragraph (j); and

(ii) has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act.”.

Commencement Information

I37 Reg. 71 not in force at made date, see reg. 1

I38 Reg. 71 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M19 S.I. 2006/1294, relevant amending instruments are S.I. 2012/2588, 2014/435, 2019/861 and 2020/667.

Amendment of the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 U.K.

72.—(1) The Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 M20 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1), in the definition of “the EEA Regulations”, for “Immigration (European Economic Area) Regulations 2006” substitute “ Immigration (European Economic Area) Regulations 2016 and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020 ”.

(b) after paragraph (2)(a) insert—

“(ab) “frontier worker” means a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations;”;

(c) in paragraph (2)(b)—

(i) for “or worker” substitute “ , worker or frontier worker ”;

(ii) for “those Regulations” substitute “ the EEA Regulations ”;

(d) in paragraph (3), after “3(2)(d)” and after “4(2)(d)” insert “ and (j) ”.

(3) In regulation 3 (persons from abroad who are ineligible for an allocation of housing accommodation)—

(a) in paragraph (1)(b)(iii) for “regulation 15A(1)” substitute “ regulation 16(1) ”;

(b) in paragraph (1)(b)(iii) for “regulation 15A(4A)” substitute “ regulation 16(5) ”;

(c) omit paragraph (1)(b)(iv);

(d) for paragraph (1)(c) substitute “ his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii) ”;

(e) after paragraph (2)(h), insert—

“(i) a frontier worker; and

(j) a person who—

(i) is a family member of a person specified in sub-paragraph (i); and

(ii) has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act.”.

(4) In regulation 4 (persons from abroad who are ineligible for housing assistance)—

(a) in paragraph (1)(b)(iii) for “regulation 15A(1)” substitute “ regulation 16(1) ”;

(b) in paragraph (1)(b)(iii) for “regulation 15A(4A)” substitute “ regulation 16(5) ”;

(c) omit paragraph (1)(b)(iv);

(d) for paragraph (1)(c) substitute “ his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i),(ii) or (iii) ”;

(e) after paragraph (2)(h), insert—

“(i) a frontier worker; and

(j) a person who—

(i) is a family member of a person specified in sub-paragraph (i); and

(ii) has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act.”

Commencement Information

I39 Reg. 72 not in force at made date, see reg. 1

I40 Reg. 72 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M20 S.R. 2006 No. 397, relevant amending instruments are S.R. 2012 No. 429 and S.R. 2019 No. 86.

Amendment of the Employment and Support Allowance Regulations 2008 U.K.

73.—(1) The Employment and Support Allowance Regulations 2008 M21 are amended as follows.

(2) In regulation 70 (special cases: supplemental – persons from abroad)—

(a) in paragraph (3)—

(i) at the end of sub-paragraph (b)(ii) insert “ or ”;

(ii) omit sub-paragraphs (c) to (e);

(b) after paragraph (4)(zd) insert—

“(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf) a family member of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”;

(c) after paragraph (5) insert—

“(6) References in this regulation to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I41 Reg. 73 not in force at made date, see reg. 1

I42 Reg. 73 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M21 S.I. 2008/794, relevant amending instruments are S.I. 2012/1809, 2012/2587, 2014/902, 2019/872 and 2020/683.

Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008 U.K.

74.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008 M22 are amended as follows.

(2) In regulation 70 (special cases: supplemental – persons from abroad)—

(a) in paragraph (3)—

(i) at the end of sub-paragraph (b)(ii) insert “ or ”;

(ii) omit sub-paragraphs (c) to (e);

(b) after paragraph (4)(zd) insert—

“(ze) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf) a family member of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”;

(c) after paragraph (6) insert—

“(7) References in this regulation to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Commencement Information

I43 Reg. 74 not in force at made date, see reg. 1

I44 Reg. 74 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M22 S.R. 2008 No. 280, relevant amending instruments are S.R. 2012 No. 380, S.R. 2019 No. 90 and S.R. 2020 No. 149.

Amendment of the Universal Credit Regulations 2013 U.K.

75.—(1) The Universal Credit Regulations 2013 M23 are amended as follows.

(2) In regulation 2(interpretation) at the end of the definition of “EEA Regulations” insert “ and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020. ”.

(3) In regulation 9(persons treated as not being in Great Britain)—

(a) in paragraph (3)—

(i) in sub-paragraph (a) omit “or Article 6 of Council Directive No. 2004/38/EC”;

(ii) in sub-paragraph (b) omit “or 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 their rights as a European citizen)”;

(b) after paragraph (4) (ca) insert—

“(cb) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(cc) a family member of a person referred to in sub-paragraph (cb), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;”.

Commencement Information

I45 Reg. 75 not in force at made date, see reg. 1

I46 Reg. 75 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M23 S.I. 2013/376, relevant amending instruments are S.I. 2015/546, 2019/872 and 2020/683.

Amendment of the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 U.K.

76.—(1) The Allocation of Housing and Homelessness (Eligibility)(Wales) Regulations 2014 M24 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the English language text —

(i) in paragraph (1), in the definition of “the EEA Regulations” for “Immigration (European Economic Area) Regulations 2006” substitute “ Immigration (European Economic Area) Regulations 2016 and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020 ”;

(ii) after paragraph (2)(a) insert—

“(ab) “frontier worker” (“gweithiwr trawsffiniol”) means a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations;”;

(iii) in paragraph (2)(b)—

(aa) for “or worker” substitute “ , worker or frontier worker ”;

(bb) for “those Regulations” substitute “ the EEA Regulations ”;

(iv) in paragraph (3), after “4(2)(d)” and after “6(2)(d)” insert “ and (h) ”;

(b) in the Welsh language text—

(i) in paragraph (1), in the definition of “Rheoliadau yr AEE” for “Rheoliadau Mewnfudo (Ardal Economaidd Ewropeaidd) 2006” substitute “Rheoliadau Mewnfudo (Ardal Economaidd Ewropeaidd) 2016 ac mae cyfeiriadau at Reoliadau yr AEE i'w darllen gydag Atodlen 4 i Reoliadau Deddf Mewnfudo a Chydlynu Nawdd Cymdeithasol (Ymadael â'r UE) 2020 (Darpariaethau Canlyniadol, Darpariaethau Arbed, Darpariaethau Trosiannol a Darpariaethau Darfodol) 2020”;

(ii) after paragraph (2)(a) insert—

“(ab) ystyr “gweithiwr trawsffiniol” yw person sy'n weithiwr trawsffiniol o fewn ystyr “frontier worker” yn rheoliad 3 o Reoliadau Hawliau Dinasyddion (Gweithwyr Trawsffiniol) (Ymadael â'r UE) 2020;”;

(iii) in paragraph (2)(b)—

(aa) for “neu weithiwr” substitute “ , gweithiwr neu weithiwr trawsffiniol ”;

(bb) for “o'r Rheoliadau hynny” substitute “ o Reoliadau yr AEE ”;

(iv) in paragraph (3), after “4(2)(d)” and after “6(2)(d)” insert “ ac (h) ”.

(3) In regulation 4 (other persons from abroad who are ineligible for an allocation of housing accommodation) –

(a) in the English language text —

(i) in paragraph (1)(b)(iii), for “regulation 15A(1)” substitute “ regulation 16(1) ”;

(ii) in paragraph (1)(b)(iii), for “regulation 15A(4A)” substitute “ regulation 16(5) ”;

(iii) omit paragraph (1)(b)(iv);

(iv) for paragraph (1)(c) substitute “ the person's only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i),(ii) or (iii) ”;

(v) after paragraph (2)(f) insert—

“(g) a frontier worker; and

(h) a person who—

(i) is a family member of a person specified in sub-paragraph (g); and

(ii) has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act.”;

(b) in the Welsh language text—

(i) in paragraph (1)(b)(iii), for “reoliad 15A(1)” substitute “ reoliad 16(1) ”;

(ii) in paragraph (1)(b)(iii), for “rheoliad 15A(4A)” substitute “ rheoliad 16(5) ”;

(iii) omit paragraph (1)(b)(iv);

(iv) for paragraph (1)(c) substitute “os yw unig hawl y person i breswylio yn Ynysoedd y Sianel, Ynys Manaw neu Weriniaeth Iwerddon yn hawl sy'n gyfwerth ag un o'r rhai hynny a grybwyllir yn is-baragraff (b)(i),(ii) neu (iii)”;

(v) after paragraph (2)(f), insert—

“(g) gweithiwr trawsffiniol; ac

(h) person—

(i) sy'n aelod o deulu person a bennir yn is-baragraff (g); a

(ii) sydd â hawl i breswylio oherwydd bod caniatâd cyfyngedig i ddod i mewn i'r Deyrnas Unedig neu i aros ynddi wedi ei roi iddo o dan Ddeddf Mewnfudo 1971 yn rhinwedd Atodlen EU i'r rheolau mewnfudo a wnaed o dan adran 3 o'r Ddeddf honno.”.

(4) In regulation 6 (other persons from abroad who are ineligible for housing assistance)—

(a) in the English language text—

(i) in paragraph (1)(b)(iii), for “regulation 15A(1)” substitute “ regulation 16(1) ”;

(ii) in paragraph (1)(b)(iii), for “regulation 15A(4A)” substitute “ regulation 16(5) ”;

(iii) omit paragraph (1)(b)(iv);

(iv) for paragraph (1)(c) substitute “ the person's only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii) ”;

(v) after paragraph (2)(f), insert—

“(g) a frontier worker; and

(h) a person who—

(i) is a family member of a person specified in sub-paragraph (g); and

(ii) has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act.”;

(b) in the Welsh language text—

(i) in paragraph (1)(b)(iii), for “reoliad 15A(1)” substitute “ reoliad 16(1) ”;

(ii) in paragraph (1)(b)(iii), for “rheoliad 15A(4A)” substitute “ rheoliad 16(5) ”;

(iii) omit paragraph (1)(b)(iv);

(iv) for paragraph (1)(c) substitute “os yw unig hawl y person i breswylio yn Ynysoedd y Sianel, Ynys Manaw neu Weriniaeth Iwerddon yn hawl sy'n gyfwerth ag un o'r rhai hynny a grybwyllir yn is-baragraff (b)(i),(ii) neu (iii)”;

(v) after paragraph (2)(f), insert—

“(g) gweithiwr trawsffiniol; ac

(h) person—

(i) sy'n aelod o deulu person a bennir yn is-baragraff (g); a

(ii) sydd â hawl i breswylio oherwydd bod caniatâd cyfyngedig i ddod i mewn i'r Deyrnas Unedig neu i aros ynddi wedi ei roi iddo o dan Ddeddf Mewnfudo 1971 yn rhinwedd Atodlen EU i'r rheolau mewmfudo a wnaed o dan adran 3 o'r Ddeddf honno.”.

Commencement Information

I47 Reg. 76 not in force at made date, see reg. 1

I48 Reg. 76 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M24 S.I. 2014/2603 (W. 257), relevant amending instruments are S.I. 2017/698 (W. 164), S.I. 2019/1041 (W. 183) and S.I. 2019/1149 (W. 199).

Amendment of the Universal Credit Regulations (Northern Ireland) 2016 U.K.

77.—(1) The Universal Credit Regulations (Northern Ireland) 2016 M25 are amended as follows.

(2) In regulation 2 (interpretation) at the end of the definition of “the EEA Regulations” insert “ and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020 ”.

(3) In regulation 9 (persons treated as not being in Northern Ireland) —

(a) in paragraph (3)

(i) in sub-paragraph (a) omit “or Article 6 of Council Directive No. 2004/38/EC”;

(ii) in sub-paragraph (c) omit “or 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 their rights as a European citizen)”;

(b) after paragraph (4)(ca) insert—

“(cb) a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020,

(cc) a family member, of a person referred to in sub-paragraph (cb), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971,”.

Commencement Information

I49 Reg. 77 not in force at made date, see reg. 1

I50 Reg. 77 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M25 S.R. 2016 No. 216, relevant amending instruments are S.R. 2019 No. 89 and S.R. 2020 No.130.