Exiting The European Union Citation and commencement 1 These Regulations may be cited as the Social Security (Income-related Benefits) (Updating and Amendment No. 2) (EU Exit) Regulations (Northern Ireland) 2019 and shall come into operation on 7th May 2019. Amendment of the Income Support (General) Regulations 2 In regulation 21AA of the Income Support (General) Regulations (Northern Ireland) 1987 (special cases: supplemental–persons from abroad)— a in paragraph (2) after “paragraph (3)” insert “or (3A)”; b in paragraph (3)— i in sub-paragraph (a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016” ; ii for sub-paragraph (bb) substitute— bb regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in paragraph (5) of that regulation; ; c after paragraph (3) insert— 3A A right to reside falls within this paragraph if it is one which exists by virtue of a claimant having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of— a Appendix EU to the immigration rules made under section 3(2) of that Act; or b being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act. ; d in paragraph (4)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. Amendment of the Jobseeker’s Allowance Regulations 3 In regulation 85A of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (special cases: supplemental–persons from abroad)— a in paragraph (2)(b) after “paragraph (3)” insert “or (3A)”; b in paragraph (3) — i in sub-paragraph (a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”; ii for sub-paragraph (aa) substitute— aa regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in paragraph (5) of that regulation; ; c after paragraph (3) insert— 3A A right to reside falls within this paragraph if it is one which exists by virtue of a claimant having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of— a Appendix EU to the immigration rules made under section 3(2) of that Act; or b being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act. ; d in paragraph (4)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. Amendment of the State Pension Credit Regulations 4 In regulation 2 of the State Pension Credit Regulations (Northern Ireland) 2003 (persons not in Northern Ireland)— a in paragraph (2) after “paragraph (3)” insert “or (3A)”; b in paragraph (3)— i in sub-paragraph (a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”; ii for sub-paragraph (bb) substitute— bb regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the person satisfies the criteria in paragraph (5) of that regulation; ; c after paragraph (3) insert— 3A A right to reside falls within this paragraph if it is one which exists by virtue of a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of— a Appendix EU to the immigration rules made under section 3(2) of that Act; or b being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act. ; d in paragraph (4)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. Amendment of the Housing Benefit Regulations 5 In regulation 10 of the Housing Benefit Regulations (Northern Ireland) 2006 (persons from abroad)— a in paragraph (3) after “paragraph (4)” insert “or (4A)”; b in paragraph (4)— i in sub-paragraph (a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”; ii for sub-paragraph (bb) substitute— bb regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the person satisfies the criteria in paragraph (5) of that regulation; ; c after paragraph (4) insert— 4A A right to reside falls within this paragraph if it is one which exists by virtue of a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of— a Appendix EU to the immigration rules made under section 3(2) of that Act; or b being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act. ; d in paragraph (5)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 6 In regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (persons from abroad)— a in paragraph (3) after “paragraph (4)” insert “or (4A)”; b in paragraph (4)— i in sub-paragraph (a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”; ii for sub-paragraph (bb) substitute— bb regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the person satisfies the criteria in paragraph (5) of that regulation; ; c after paragraph (4) insert— 4A A right to reside falls within this paragraph if it is one which exists by virtue of a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of— a Appendix EU to the immigration rules made under section 3(2) of that Act; or b being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act. ; d in paragraph (5)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. Amendment of the Employment and Support Allowance Regulations 7 In regulation 70 of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (special cases: supplemental – persons from abroad)— a in paragraph (2) after “paragraph (3)” insert “or (3A)”; b in paragraph (3)— i in sub-paragraph (a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”; ii for sub-paragraph (bb) substitute— bb regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in paragraph (5) of that regulation; ; c after paragraph (3) insert— 3A A right to reside falls within this paragraph if the right exists by virtue of a claimant having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of— a Appendix EU to the immigration rules made under section 3(2) of that Act; or b being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act. ; d in paragraph (4)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. Sealed with the Official Seal of the Department for Communities on 17th April 2019 (L.S.) Anne McCleary A senior officer of the Department for Communities The Department of Finance hereby consents to regulations 5 and 6. Sealed with the Official Seal of the Department of Finance on 17th April 2019 (L.S.) Emer Morelli A senior officer of the Department of Finance