SCHEDULES

SCHEDULE 4Saving provision in relation to access to benefits and services

Regulation 83

1.

In this Schedule—

(a)

“EEA Regulations 2016” means the Immigration (European Economic Area) Regulations 2016128 as they had effect immediately before they were revoked;

(b)

“member of the post-transition period group” means a person who has limited leave to enter, or remain in, the United Kingdom granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.

2.

For the purposes of the provisions specified in paragraph 3 the provisions of the EEA Regulations 2016 specified in paragraph 4 continue to have effect in relation to a person who is a member of the post-transition period group, with the specified modifications, despite the revocation of those Regulations by the 2020 Act.

3.

The provisions specified in this paragraph are—

(a)

regulation 21AA (special cases: supplemental–persons from abroad) of the Income Support (General) Regulations 1987129;

(b)

regulation 21AA (special cases: supplemental–persons from abroad) of the Income Support (General) Regulations (Northern Ireland) 1987130;

(c)

regulation 85A (special cases: supplemental–persons from abroad) of the Jobseeker’s Allowance Regulations 1996131;

(d)

regulation 85A (special cases: supplemental–persons from abroad) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996132;

(e)

article 3 (housing authority accommodation—England, Scotland and Northern Ireland), of the Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000133;

(f)

regulation 2 (persons not in Great Britain) of the State Pension Credit Regulations 2002134;

(g)

regulation 2 (persons not in Northern Ireland) of the State Pension Credit Regulations (Northern Ireland) 2003135;

(h)

regulation 3 (circumstances in which a person is treated as not being in the United Kingdom) of the Tax Credits (Residence) Regulations 2003136;

(i)

regulation 7 (funeral payments: entitlement) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005137;

(j)

regulation 7 (funeral payments: entitlement) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005138;

(k)

regulation 10 (persons from abroad) of the Housing Benefit Regulations 2006139;

(l)

regulation 10 (persons from abroad) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006140;

(m)

regulation 10 (persons from abroad) of the Housing Benefit Regulations (Northern Ireland) 2006141;

(n)

regulation 10 (persons from abroad) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006142;

(o)

regulations 23 (circumstances in which person treated as not being in Great Britain) and 27 (circumstances in which person treated as not being in Northern Ireland) of the Child Benefit (General) Regulations 2006143;

(p)

regulations 2 (interpretation), 4 (other persons from abroad who are ineligible for an allocation of housing accommodation) and 6 (other persons from abroad who are ineligible for housing assistance) of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006144;

(q)

regulation 2 (interpretation), 3 (Persons from abroad who are ineligible for an allocation of housing accommodation) and 4 (Persons from abroad who are ineligible for housing assistance) of the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006145;

(r)

regulation 70 (special cases: supplemental – persons from abroad) of the Employment and Support Allowance Regulations 2008146;

(s)

regulation 70 (special cases: supplemental – persons from abroad) of the Employment and Support Allowance Regulations (Northern Ireland) 2008147;

(t)

regulation 16 (persons not entitled to a council tax reduction: persons treated as not being in Great Britain) of the Council Tax Reduction (Scotland) Regulations 2012148;

(u)

regulation 16 (persons not entitled to a council tax reduction: persons treated as not being in Great Britain) of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012149;

(v)

regulation 12 (persons treated as not being in Great Britain) of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012150;

(w)

regulations 2 (interpretation) and 9 (persons treated as not being in Great Britain) of the Universal Credit Regulations 2013151;

(x)

regulation 28 (persons treated as not being in Great Britain) of the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013152;

(y)

paragraph 19 of the Schedule (class of persons excluded from this scheme: persons treated as not being in Great Britain) to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013153;

(z)

regulations 2 (interpretation), 4 (other persons from abroad who are ineligible for an allocation of housing accommodation) and 6 (other persons from abroad who are ineligible for housing assistance) of the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014154;

(aa)

regulation 14C (family members of British citizens of Northern Ireland) of the National Health Service (Charges to Overseas Visitors) Regulations 2015)155; and

(bb)

regulations 2 (interpretation) and 9 (persons treated as not being in Northern Ireland) of the Universal Credit Regulations (Northern Ireland) 2016156.

4.

The following provisions of the EEA Regulations 2016 are, with the modifications provided for, specified for the purposes of paragraph 2—

(a)

regulation 2 (general interpretation) with the following modifications—

(i)

as if all instances of the words “or any other right conferred by the EU Treaties”—

(aa)

in so far as they relate to things done on or after exit day but before commencement day, were a reference to a right conferred by the EU Treaties so far as they were applicable to and in the United Kingdom by virtue of Part 4 of the EU withdrawal agreement;

(bb)

in so far as they relate to things done on or after commencement day, were omitted;

(ii)

as if all instances of the words “or the EU Treaties”—

(aa)

in so far as they relate to things done on or after exit day but before commencement day, were a reference to the EU Treaties so far as they were applicable to and in the United Kingdom by virtue of Part 4 of the EU withdrawal agreement;

(bb)

in so far as they relate to things done on or after commencement day, were omitted;

(iii)

as if, at the end of the definition of “deportation order”, there were inserted “or under section 5(1) of the Immigration Act 1971”;

(iv)

as if, in the definition of “EEA State”, the words “, other than the United Kingdom” were omitted;

(v)

as if, at the end of the definition of “exclusion order”, there were inserted “or directions issued by the Secretary of State for a person not to be given entry to the United Kingdom on the grounds that the person’s exclusion is conducive to the public good”;

(b)

regulation 3 (continuity of residence) with the modification that, at the end of paragraph (3)(c), there were inserted “or the Immigration Acts”;

(c)

regulation 4 (“worker”, “self-employed person”, “self-sufficient person” and “student”) with the modification that, in paragraph (1)(b), “in accordance with” there were substituted “within the meaning of”;

(d)

regulation 5 (“worker or self-employed person who has ceased activity”);

(e)

regulation 6 (“qualified person”) with the following modifications—

(i)

in paragraph (4C), “and having a genuine chance of being engaged” were omitted;

(ii)

in paragraph (6), after “employment and” there were inserted “, when determining whether the person is a jobseeker,”;

(iii)

in paragraph (7), after “continuing to seek employment and” there were inserted “, where that person is a jobseeker”;

(f)

regulation 7 (“family member”);

(g)

regulation 8 (“extended family member”) with the modification that paragraph (8) were omitted;

(h)

regulation 9 (family members and extended family members of British citizens) with the following modifications—

(i)

in paragraph (1), at the end there were inserted “and BC is to be treated as satisfying any requirement to be a qualified person”;

(ii)

sub-paragraph (a) of paragraph (3) were omitted;

(iii)

paragraph (7) were omitted;

(i)

regulation 9A (dual national: national of an EEA State who acquires British citizenship);

(j)

regulation 10 (“family member who has retained the right of residence”) with the following modifications—

(i)

in paragraph (2)(b), in so far as it applies to residence in the United Kingdom after commencement day, for “in accordance with these Regulations” there were substituted “lawfully”;

(ii)

in paragraph (5)(a), “the initiation of proceedings for” were omitted;

(k)

regulation 13 (initial right of residence) with the modification that in paragraph (4), for the words from “where the Secretary of State” to “as the case may be,”, there were substituted “if that person is subject to a deportation order or exclusion order unless that order”;

(l)

regulation 14 (extended right of residence) with the modification that in paragraph (4), for the words from “where the Secretary of State” to “as the case may be,”, there were substituted “if that person is subject to a deportation order or exclusion order unless that order”;

(m)

regulation 15 (right of permanent residence) with the following modifications—

(i)

in so far as it applies to residence in the United Kingdom after commencement day , as if the EEA Regulations 2016 (with the modifications set out in this paragraph) had been in force at all relevant times and as if for the words “in accordance with these Regulations” in each place they occur there were substituted “lawfully”;

(ii)

in paragraph (4), for the words from “where the Secretary of State” to “as the case may be,”, there were substituted “if that person is subject to a deportation order or exclusion order unless that order”;

(n)

regulation 16 (derivative right to reside) with the following modifications—

(i)

in paragraph (5)(c), for “another” there were substituted “an”;

(ii)

in paragraph (12), for the words from “where the Secretary of State” to “or 31(1), unless that decision” there were substituted “if that person is subject to a deportation order or exclusion order unless that order”.

Continued application of section 7(1) of the Immigration Act 1988 for purposes of housing legislation

5.

Notwithstanding the repeal of section 7 of the Immigration Act 1988 (exemption from requirement for leave to enter or remain for persons exercising EU Rights etc.)157 by paragraph 1 of Schedule 1 to the 2020 Act, a member of the post-transition period group is not to be treated as “a person subject to immigration control” within—

(a)

the meaning of section 13 of the Asylum and Immigration Act 1996 (short title, interpretation, commencement and extent)158 for the purposes of the exercise of the functions specified in paragraph 6; or

(b)

the meaning of section 118 of the Immigration and Asylum Act 1999 (housing authority accommodation) for the purposes of the exercise of the functions specified in paragraph 7.

6.

The functions specified in this paragraph are—

(a)

determining whether a person is ineligible for an allocation of housing accommodation in England under section 160ZA(2) (allocation only to eligible and qualifying persons: England)159 or for housing assistance in England under section 185(2) of the Housing Act 1996 (persons from abroad not eligible for housing assistance)160;

(b)

determining whether a person is ineligible for an allocation of housing accommodation by a local housing authority in Wales under section 160A(3) of the Housing Act 1996 (allocation only to eligible persons: Wales); and

(c)

determining whether a person is eligible for help under Chapter 2 of Part 2 of the Housing (Wales) Act 2014 (homelessness)161.

7.

The functions specified in this paragraph are—

(a)

determining whether a person is ineligible for an allocation of housing accommodation in Northern Ireland under Article 22A(1)(a) of the Housing (Northern Ireland) Order 1981 (allocation only to eligible persons)162; and

(b)

determining whether a person is ineligible for assistance under Part 2 of the Housing (Northern Ireland) Order 1988 under Article 7A(1)(a) of the Housing (Northern Ireland) Order 1988 (persons not eligible for housing assistance)163.