# The Social Security (Croatia) (Amendment) Regulations (Northern Ireland) 2013

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N.I.

Statutory Rules of Northern Ireland

# 2013 No. 167

Housing; Rates; Social Security

# The Social Security (Croatia) (Amendment) Regulations (Northern Ireland) 2013

Made

14th June 2013

Coming into operation

1st July 2013

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(a)                           and (d), 131(1) and (2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992                           F1, Articles 6(5) and (12) and 36(2) of, and paragraph 11 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995 F2, section 115(3), (4) and (8) of the Immigration and Asylum Act 1999 F3, and now vested in it F4, sections 1(5)(a) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 2002 F5 and sections 4(3) and 25(2)of the Welfare Reform Act (Northern Ireland) 2007 F6.                        

Regulations 5 and 6 are made with the consent of the Department of Finance and Personnel F7.                        

The Social Security Advisory Committee has agreed that proposals in respect of regulations 5 and 6 should not be referred                           to it F8.                        

F11992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

F2S.I. 1995/2705 (N.I. 15); Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

F31999 c. 33

F4*See*Article 8(b) of S.R. 1999 No. 481

F52002 c. 14 (N.I.)

F62007 c. 2 (N.I.)

F7*See* section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3)                              of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); *see also* Article 6(b) of S.R. 1999 No. 481

F8*See* section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

## Citation, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Social Security (Croatia) (Amendment) Regulations (Northern Ireland) 2013 and shall                     come into operation on 1st July 2013.                  

(2) The Interpretation Act (Northern Ireland) 1954 F9 shall apply to these Regulations as it applies to an Act of the Assembly.                  

F91954 c. 33 (N.I.)

## Amendment of the Income Support (General) RegulationsN.I.

2.  In regulation 21AA(4) of the Income Support (General) Regulations (Northern Ireland) 1987 F10 (special cases: supplemental—persons from abroad), for sub-paragraph (f) substitute—                  

“(f)a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration                           (European Economic Area) Regulations 2006 F11 pursuant to—                  

(i)regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 F12 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”), or                  

(ii)regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 F13 (right of residence of a Croatian who is an “accession State national subject to worker authorisation”);”.                  

F10S.R. 1987 No. 459; regulation 21AA was inserted by regulation 2(3) of S.R. 2006 No. 178 and paragraph (4)(f) was substituted by regulation 2 of S.R. 2006 No. 523 and amended by regulation 7(3) of S.R 2011 No. 357

F11S.I. 2006/1003

F12S.I. 2006/3317

F13S.I. 2013/1460

## Amendment of the Jobseeker's Allowance RegulationsN.I.

3.  In regulation 85A(4) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996 F14 (special cases: supplemental – persons from abroad), for sub-paragraph (f) substitute—                  

“(f)a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration                           (European Economic Area) Regulations 2006 pursuant to—                  

(i)regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or                           Romanian who is an “accession State national subject to worker authorisation”), or                  

(ii)regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a                           Croatian who is an “accession State national subject to worker authorisation”);”.                  

F14S.R. 1996 No. 198; regulation 85A was inserted by regulation 4(3) of S.R. 2006 No. 178 and paragraph (4)(f) was substituted by regulation 3 of S.R. 2006 No. 523 and amended by regulation 10(5) of S.R. 2011 No. 357

## Amendment of the State Pension Credit RegulationsN.I.

4.  In regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 2003 F15 (persons not in Northern Ireland), for sub-paragraph (f) substitute—                  

“(f)a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration                           (European Economic Area) Regulations 2006 pursuant to—                  

(i)regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or                           Romanian who is an “accession State national subject to worker authorisation”), or                  

(ii)regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a                           Croatian who is an “accession State national subject to worker authorisation”);”.                  

F15S.R. 2003 No. 28; regulation 2 was substituted by regulation 5 of S.R. 2006 No. 178 and paragraph (4)(f) was substituted by regulation 4 of S.R. 2006 No. 523 and amended by regulation 14(3) of S.R. 2011 No. 357

## Amendment of the Housing Benefit RegulationsN.I.

5.  In regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 2006 F16 (persons from abroad), for sub-paragraph (f) substitute—                  

“(f)a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration                           (European Economic Area) Regulations 2006 pursuant to—                  

(i)regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or                           Romanian who is an “accession State national subject to worker authorisation”), or                  

(ii)regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a                           Croatian who is an “accession State national subject to worker authorisation”);”.                  

F16S.R. 2006 No. 405; paragraph (5)(f) of regulation 10 was substituted by regulation 5 of S.R. 2006 No. 523 and amended by regulation 19(3) of S.R. 2011 No. 357

## Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) RegulationsN.I.

6.  In regulation 10(5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations                     (Northern Ireland) 2006 F17 (persons from abroad), for sub-paragraph (f) substitute—                  

“(f)a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration                           (European Economic Area) Regulations 2006 pursuant to—                  

(i)regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or                           Romanian who is an “accession State national subject to worker authorisation”), or                  

(ii)regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a                           Croatian who is an “accession State national subject to worker authorisation”);”.                  

F17S.R. 2006 No. 406; paragraph (5)(f) of regulation 10 was substituted by regulation 6 of S.R. 2006 No. 523 and amended by regulation 20(3) of S.R. 2011 No. 357

## Amendment of the Employment and Support Allowance RegulationsN.I.

7.  In regulation 70(4) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 F18 (special cases: supplemental – persons from abroad), for sub-paragraph (f) substitute—                  

“(f)a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration                           (European Economic Area) Regulations 2006 pursuant to—                  

(i)regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or                           Romanian who is an “accession State national subject to worker authorisation”), or                  

(ii)regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a                           Croatian who is an “accession State national subject to worker authorisation”);”.                  

F18S.R. 2008 No. 280; paragraph (4)(f) of regulation 70 was amended by regulation 21(7) of S.R. 2011 No. 357

## Amendment consequential upon Croatia's Accession to the European UnionN.I.

8.  In paragraph 1 of Part II of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations                     (Northern Ireland) 2000 F19, after “on 17th March 1993” add “ as modified or supplemented from time to time. ”.                  

F19S.R. 2000 No.71

## RevocationsN.I.

9.  The Social Security (Bulgaria and Romania) (Amendment) Regulations (Northern Ireland) 2006 F20 and regulations 7(3), 10(5), 14(3), 19(3), 20(3) and 21(7) of the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 F21 are revoked.                  

F20S.R. 2006 No. 523

F21S.R. 2011 No. 357

Sealed with the Official Seal of the Department for Social Development on 14th June 2013

L.S.

Stephen McMurray

 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 14th June 2013

L.S.

John McKibbin

 A senior officer of the

Department of Finance and Personnel

## Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker's Allowance Regulations                        (Northern Ireland) 1996, the State Pension Credit Regulations (Northern Ireland) 2003, the Housing Benefit Regulations (Northern                        Ireland) 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern                        Ireland) 2006 and the Employment and Support Allowance Regulations (Northern Ireland) 2008 (“the Income-related Benefit Regulations”) in consequence of the accession of Croatia to the European Union on 1st July 2013.                     

The Income-related Benefit Regulations provide that a claimant is ineligible for benefit where he or she is a “person from                        abroad” or, in the case of state pension credit, a “person not in Northern Ireland”. A person is a person from abroad or a                        person not in Northern Ireland if he or she is not habitually resident in the United Kingdom, the Channel Islands, the Isle                        of Man or the Republic of Ireland. No person shall be treated as habitually resident without a relevant right to reside in                        the place where he or she is habitually resident. However, certain categories of persons are exempt from this habitual residence                        test.                     

These Regulations insert a new category of persons who are exempt from the habitual residence test, namely nationals of Croatia                        who are subject to the worker authorisation scheme established by the Accession of Croatia (Immigration and Worker Authorisation)                        Regulations 2013 and who are treated as workers pursuant to those Regulations. This adds to the exemption category, inserted                        on 1st January 2007, for nationals of Bulgaria and Romania who are subject to the worker authorisation scheme and who are                        treated as workers pursuant to the Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/ 3317).                     

Regulation 8 amends paragraph 1 of Part II of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments                        Regulations (Northern Ireland) 2000 in order to update the reference to the Agreement on the European Economic Area.                     

Regulation 9 makes consequential revocations.

In so far as these Regulations are required, for the purposes of regulations 5 and 6, to be referred to the Social Security                        Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, after agreement                        by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise                        they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary                        of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph                        10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security                        Advisory Committee.