
1 

(1) These Regulations may be cited as the Social Security (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2012 and shall come into operation on 8th November 2012.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
2 
In regulation 21AA(3) of the Income Support (General) Regulations (Northern Ireland) 1987 (special cases: supplemental – persons from abroad)—
(a) after sub-paragraph (b) insert—“
(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”;
(b) at the end of sub-paragraph (c) omit “or”;
(c) at the end of sub-paragraph (d) add “; or” and the following sub-paragraph—“
(e) 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 the substance of their rights as a European Union citizen).”.
3 
In regulation 85A(3) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (special cases: supplemental – persons from abroad)—
(a) after sub-paragraph (a) omit “or” and insert the following sub-paragraph—“
(aa) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”;
(b) at the end of sub-paragraph (b) add “; or” and the following sub-paragraph—“
(c) 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 the substance of their rights as a European Union citizen).”.
4 
In regulation 2(3) of the State Pension Credit Regulations (Northern Ireland) 2003 (persons not in Northern Ireland)—
(a) after sub-paragraph (b) insert—“
(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”;
(b) at the end of sub-paragraph (c) omit “or”;
(c) at the end of sub-paragraph (d) add “; or” and the following sub-paragraph—“
(e) 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 the substance of their rights as a European Union citizen).”.
5 
In regulation 10(4) of the Housing Benefit Regulations (Northern Ireland) 2006 (persons from abroad)—
(a) after sub-paragraph (b) insert—“
(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”;
(b) at the end of sub-paragraph (c) omit “or”;
(c) at the end of sub-paragraph (d) add “; or” and the following sub-paragraph—“
(e) 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 the substance of their rights as a European Union citizen).”.
6 
In regulation 10(4) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (persons from abroad)—
(a) after sub-paragraph (b) insert—“
(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”;
(b) at the end of sub-paragraph (c) omit “or”;
(c) at the end of sub-paragraph (d) add “; or” and the following sub-paragraph—“
(e) 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 the substance of their rights as a European Union citizen).”.
7 
In regulation 70(3) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (special cases: supplemental – persons from abroad)—
(a) after sub-paragraph (b) insert—“
(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;”;
(b) at the end of sub-paragraph (c) omit “or”;
(c) at the end of sub-paragraph (d) add “; or” and the following sub-paragraph—“
(e) 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 the substance of their rights as a European Union citizen).”.
Sealed with the Official Seal of the Department for Social Development on 17th October 2012
(L.S.)Will Haire
A senior officer of the Department for Social Development
The Department of Finance and Personnel consents to regulations 5 and 6.Sealed with the Official Seal of the Department of Finance and Personnel on 17th October 2012
(L.S.)Jack Layberry
A senior officer of the Department of Finance and Personnel
