The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020

PART 3 U.K. Access to benefits and services

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

8.—(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.”.

Commencement Information

I1 Reg. 8 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M1 S.I. 1987/1967.

M2 Regulation 21AA was inserted by S.I. 2006/1026 and was amended by S.I. 2019/872, prospective amendments are made by S.I. 2020/1309. There are other amending instruments but none is relevant.

M3 Appendix EU (Family Permit) was laid before Parliament on 7th March 2019 (HC 1919).

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

9.—(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.”.

Commencement Information

I2 Reg. 9 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M4 S.R. 1987 No. 459.

M5 Regulation 21AA was inserted by S.R. 2006 No. 178 and was amended by S.R. 2019 No. 90, prospective amendments are made by S.I. 2020/1309. There are other amending instruments but none is relevant.

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

10.—(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.”.

Commencement Information

I3 Reg. 10 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M6 S.I. 1996/207.

M7 Regulation 85A was inserted by S.I. 2006/1026 and was amended by S.I. 2019/872, prospective amendments are made by S.I. 2020/1309. There are other amending instruments but none is relevant.

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

11.—(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.”.

Commencement Information

I4 Reg. 11 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M8 S.R. 1996 No. 198.

M9 Regulation 85A was inserted by S.R. 2006 No. 178 and was amended by S.R. 2019 No. 90, prospective amendments are made by S.I. 2020/1309. There are other amending instruments but none is relevant.

Amendment of the Asylum Support Regulations 2000 U.K.

12.—(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.”.

Commencement Information

I5 Reg. 12 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M10 S.I. 2000/704

M11 Provision is made for the admissibility of asylum claims made by EU nationals in exceptional circumstances under paragraph 236F of the immigration rules.

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

13.—(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.”.

Commencement Information

I6 Reg. 13 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M12 S.I. 2002/1792.

M13 Regulation 2 was substituted by S.I. 2006/1026 and was amended by S.I. 2019/872, prospective amendments are made by S.I. 2020/1309. There are other amending instruments but none is relevant.

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

14.—(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) ”.

Commencement Information

I7 Reg. 14 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M14 S.I. 2003/654. Relevant amendments are made by S.I. 2004/1243, 2012/2612, 2014/1511, 2019/364, 2019/867, 2020/672 and prospectively by S.I. 2020/1309.

M15 Regulation is prospectively amended by S.I. 2020/1309.

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

15.—(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.”.

Commencement Information

I8 Reg. 15 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M16 S.R. 2003 No. 28.

M17 Regulation 2 was substituted by S.R. 2006 No. 178 and amended by S.R. 2019 No. 90, it is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.

Amendment of the Housing Benefit Regulations 2006 U.K.

16.—(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.”.

Commencement Information

I9 Reg. 16 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M18 S.I. 2006/213, prospective amendments are made by S.I. 2020/1309.

M19 Regulation 10 was amended by S.I. 2019/872 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.

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

17.—(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.”.

Commencement Information

I10 Reg. 17 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M20 S.R. 2006 No. 405, prospective amendments are made by S.I. 2020/1309.

M21 Regulation 10 was amended by S.R. 2019 No. 90 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.

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

18.—(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.”.

Commencement Information

I11 Reg. 18 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M22 S.I. 2006/214, prospective amendments are made by S.I. 2020/1309.

M23 Regulation 10 was amended by S.I. 2019/872 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.

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

19.—(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.”.

Commencement Information

I12 Reg. 19 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M24 S.R. 2006 No. 406. Prospective amendments are made by S.I. 2020/1309.

M25 Regulation 10 was amended by S.R. 2019 No. 90 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.

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

20.—(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.”.

Commencement Information

I13 Reg. 20 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M26 S.I. 2006/1294; amended by S.I. 2012/2588, 2019/861, and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.

M27 Regulation 4 is prospectively amended by S.I. 2020/1309.

M28 Regulation 6 is prospectively amended by S.I. 2020/1309.

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

21.—(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.”.

Commencement Information

I14 Reg. 21 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M29 S.R. 2006 No. 397; amended by S.R. 2012 No. 429, S.R. 2019 No. 86, and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.

M30 Regulation 3 is prospectively amended by S.I. 2020/1309.

M31 Regulation 4 is prospectively amended by S.I. 2020/1309.

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

22.—(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) ”.

Commencement Information

I15 Reg. 22 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M32 S.I. 2006/223. Relevant amendments are made by S.I. 2007/2150, 2012/2612, 2014/1511, 2019/364, S.I. 2019/867 and 2020/672. It is prospectively amended by S.I. 2020/1309.

M33 Regulation 23 is prospectively amended by S.I. 2020/1309.

M34 Regulation 27 is prospectively amended by S.I. 2020/1309.

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

23.—(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.”.

Commencement Information

I16 Reg. 23 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M35 S.I. 2008/794.

M36 Regulation 70 was amended by S.I. 2019/872 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.

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

24.—(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.”.

Commencement Information

I17 Reg. 24 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M37 S.R. 2008 No. 280.

M38 Regulation 70 was amended by S.R. 2019 No. 90 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.

Amendment of the Universal Credit Regulations 2013 U.K.

25.—(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.”.

Commencement Information

I18 Reg. 25 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M39 S.I. 2013/376.

M40 Regulation 9 was amended by S.I. 2019/872 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.

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

26.—(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.”.

Commencement Information

I19 Reg. 26 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M41 S.I. 2014/2603 (W. 57), amended by S.I. 2017/698 (W. 164), 2019/1041 (W. 183), 2019/1149 (W. 199), 2020/1209 and prospectively amended by S.I. 2020/1309.

M42 Regulation 4 is prospectively amended by S.I. 2020/1309.

M43 Regulation 6 is prospectively amended by S.I. 2020/1309.

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

27.—(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.”.

Commencement Information

I20 Reg. 27 in force at 31.12.2020 immediately after IP completion day, see reg. 1(2)(a)(3)(d)

Marginal Citations

M44 S.R. 2016 No. 216.

M45 Regulation 9 was amended by S.R. 2019 No. 89 and is prospectively amended by S.I. 2020/1309. There are other amending instruments but none is relevant.