PART 3Access to benefits and services
Amendment of the Income Support (General) Regulations 1987I18
1
The Income Support (General) Regulations 1987 M1 are amended as follows.
2
In regulation 21AA (special cases: supplemental – persons from abroad) M2, in paragraph (3A)—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert—
; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) M3 to the immigration rules made under section 3(2) of that Act.
Amendment of the Income Support (General) Regulations (Northern Ireland) 1987I29
1
The Income Support (General) Regulations (Northern Ireland) 1987 M4 are amended as follows.
2
In regulation 21AA (special cases: supplemental–persons from abroad) M5, in paragraph (3A)—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert—
; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Amendment of the Jobseeker's Allowance Regulations 1996I310
1
The Jobseeker's Allowance Regulations 1996 M6 are amended as follows.
2
In regulation 85A (special cases: supplemental – persons from abroad) M7, in paragraph (3A)—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert—
; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Amendment of the Jobseeker's Allowance Regulations (Northern Ireland) 1996I411
1
The Jobseeker's Allowance Regulations (Northern Ireland) 1996 M8 are amended as follows.
2
In regulation 85A (special cases: supplemental–persons from abroad) M9, in paragraph (3A)—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert—
; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Amendment of the Asylum Support Regulations 2000I512
1
The Asylum Support Regulations 2000 M10 are amended as follows.
2
In regulation 4(4) (persons excluded from support), after paragraph (c) insert—
; or
d
he is a national of a member State who has made a claim for asylum, except where that claim for asylum is accepted as admissible under the immigration rules M11; or
e
he is the dependant of a person to whom sub-paragraph (d) applies.
Amendment of the State Pension Credit Regulations 2002I613
1
The State Pension Credit Regulations 2002 M12 are amended as follows.
2
In regulation 2 (persons not in Great Britain) M13, in paragraph (3A)—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert—
; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Amendment of the Tax Credits (Residence) Regulations 2003I714
1
The Tax Credits (Residence) Regulations 2003 M14 are amended as follows.
2
In regulation 3 (circumstances in which a person is treated as not being in the United Kingdom) M15—
a
in paragraph (5)—
i
after “person” insert “
(P)
”
;
ii
omit “he”;
b
in paragraph (5)(a)—
i
at the beginning insert “
P
”
;
ii
for “; and” substitute “
and one of sub-paragraphs (b), (c) or (d) applies;
”
;
c
for paragraph (5)(b) substitute—
b
P does not have a right to reside in the United Kingdom;
c
P has a right to reside under paragraph (1) of regulation 16 of the Immigration (European Economic Area) Regulations 2016, but only in a case where the right exists under that regulation because P satisfies the criteria in paragraph (5) of that regulation; or
d
P would fall within sub-paragraph (b) or (c) but for the fact that P has limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—
i
Appendix EU to the immigration rules; or
ii
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
d
in paragraph (5A), for “(5)(b)(ii)” substitute “
(5)(c)
”
;
e
in paragraph (5B), for “(5)(b)(iii)” substitute “
(5)(d)(i)
”
.
Amendment of the State Pension Credit Regulations (Northern Ireland) 2003I815
1
The State Pension Credit Regulations (Northern Ireland) 2003 M16 are amended as follows.
2
In regulation 2 (persons not in Northern Ireland) M17, in paragraph (3A)—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert—
; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Amendment of the Housing Benefit Regulations 2006I916
1
The Housing Benefit Regulations 2006 M18 are amended as follows.
2
In regulation 10 (persons from abroad) M19, in paragraph (3AA)—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert—
; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Amendment of the Housing Benefit Regulations (Northern Ireland) 2006I1017
1
The Housing Benefit Regulations (Northern Ireland) 2006 M20 are amended as follows.
2
In regulation 10 (persons from abroad) M21, in paragraph (4A)—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert—
; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1118
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M22 are amended as follows.
2
In regulation 10 (persons from abroad) M23, in paragraph (4ZA)—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert—
; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006I1219
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 M24 are amended as follows.
2
In regulation 10 (persons from abroad) M25, in paragraph (4A)—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert—
; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Amendment of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006I1320
1
The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 M26 are amended as follows.
2
In each of regulations 4(1A) (other persons from abroad who are ineligible for an allocation of housing accommodation) M27 and 6(1A) (other persons from abroad who are ineligible for housing assistance) M28, for the words from “limited leave to enter” to the end substitute—
a
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(2) of that Act; or
b
leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act
is to be disregarded.
Amendment of the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006I1421
1
The Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 M29 are amended as follows.
2
In each of regulations 3(1A) (persons from abroad who are ineligible for an allocation of housing accommodation: determination of right to reside) M30 and 4(1A) (persons from abroad who are ineligible for housing assistance: determination of right to reside) M31, for the words from “limited leave to enter” to the end substitute—
a
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(2) of that Act; or
b
leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act
is to be disregarded.
Amendment of the Child Benefit (General) Regulations 2006I1522
1
The Child Benefit (General) Regulations 2006 M32 are amended as follows.
2
In regulation 23 (circumstances in which person treated as not being in Great Britain) M33—
a
in paragraph (4), in sub-paragraph (c), for “Appendix EU to the immigration rules” substitute—
i
Appendix EU to the immigration rules; or
ii
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules.
b
in paragraph (4B), after “Paragraph (4)(c)” insert “
(i)
”
.
3
In regulation 27 (circumstances in which person treated as not being in Northern Ireland) M34—
a
in paragraph (3), in sub-paragraph (c), for “Appendix EU to the immigration rules” substitute—
i
Appendix EU to the immigration rules; or
ii
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules.
b
in paragraph (3B), after “Paragraph (3)(c)” insert “
(i)
”
.
Amendment of the Employment and Support Allowance Regulations 2008I1623
1
The Employment and Support Allowance Regulations 2008 M35 are amended as follows.
2
In regulation 70 (special cases: supplemental – persons from abroad) M36, in paragraph (3A)—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert—
; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008I1724
1
The Employment and Support Allowance Regulations (Northern Ireland) 2008 M37 are amended as follows.
2
In regulation 70 (special cases: supplemental – persons from abroad) M38, in paragraph (3A)—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert—
; or
c
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Amendment of the Universal Credit Regulations 2013I1825
1
The Universal Credit Regulations 2013 M39 are amended as follows.
2
In regulation 9 (persons treated as not being in Great Britain) M40, in paragraph (3)(c)—
a
at the end of paragraph (i) omit “or”;
b
at the end of paragraph (ii) insert—
; or
iii
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Amendment of the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014I1926
1
The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 M41 are amended as follows.
2
In each of regulations 4(1A) (other persons from abroad who are ineligible for an allocation of housing accommodation) M42 and 6(1A)(other persons from abroad who are ineligible for housing assistance) M43—
a
in the English language text, for the words from “limited leave to enter” to the end substitute—
a
limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules; or
b
leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules,
is to be disregarded.
b
in the Welsh language text, for the words from “caniatâd cyfyngedig” to the end substitute—
a
caniatâd cyfyngedig i ddod i mewn i'r Deyrnas Unedig neu i aros ynddi o dan Ddeddf Mewnfudo 1971 yn rhinwedd Atodiad EU i'r rheolau mewnfudo; neu
b
caniatâd i ddod i mewn i'r Deyrnas Unedig yn rhinwedd cliriad i ddod i mewn a roddwyd o dan Atodiad EU (Hawlen Deuluol) i'r rheolau mewnfudo,
i'w ddiystyru.
Amendment of the Universal Credit Regulations (Northern Ireland) 2016I2027
1
The Universal Credit Regulations (Northern Ireland) 2016 M44 are amended as follows.
2
In regulation 9 (persons treated as not being in Northern Ireland) M45, in paragraph (3)(d)—
a
at the end of paragraph (i) omit “or”;
b
at the end of paragraph (ii) insert—
, or
iii
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.