23.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.
(2) In regulation 70 (special cases: supplemental – persons from abroad)(2), 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.”.
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.