Exiting The European Union Citation and commencement 1 These Regulations may be cited as the Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 and come into force on 7th May 2019. Income Support (General) Regulations 1987 2 1 The Income Support (General) Regulations 1987 are amended as follows. 2 In regulation 21AA (special cases: supplemental – persons from abroad) — a at the end of paragraph (2) add “or (3A)”; b in paragraph (3)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016” ; c for paragraph (3)(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; ; d after paragraph (3) insert— 3A A right to reside falls within this paragraph if it 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. ; e in paragraph (4)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. Jobseeker’s Allowance Regulations 1996 3 1 The Jobseeker’s Allowance Regulations 1996 are amended as follows. 2 In regulation 85A (special cases: supplemental – persons from abroad) — a at the end of paragraph (2)(b) add “or (3A)”; b in paragraph (3)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”; c for paragraph (3)(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; ; d after paragraph (3) insert— 3A A right to reside falls within this paragraph if it 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. ; e in paragraph (4)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. State Pension Credit Regulations 2002 4 1 The State Pension Credit Regulations 2002 are amended as follows. 2 In regulation 2 (persons not in Great Britain) — a at the end of paragraph (2) add “or (3A)”; b in paragraph (3)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”; c for paragraph (3)(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; ; d after paragraph (3) insert— 3A A right to reside falls within this paragraph if it 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. ; e in paragraph (4)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. Housing Benefit Regulations 2006 5 1 The Housing Benefit Regulations 2006 are amended as follows. 2 In regulation 10 (persons from abroad) — a at the end of paragraph (3) add “or (3AA)”; b in paragraph (3A)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”; c for paragraph (3A)(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; ; d after paragraph (3A) insert— 3AA A right to reside falls within this paragraph if it 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. ; e in paragraph (3B)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 6 1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. 2 In regulation 10 (persons from abroad) — a at the end of paragraph (3) add “or (4ZA)”; b in paragraph (4)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”; c for paragraph (4)(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; ; d after paragraph (4) insert— 4ZA A right to reside falls within this paragraph if it 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. ; e in paragraph (4A)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. Employment and Support Allowance Regulations 2008 7 1 The Employment and Support Allowance Regulations 2008 are amended as follows. 2 In regulation 70 (special cases: supplemental – persons from abroad) — a at the end of paragraph (2) add “or (3A)”; b in paragraph (3)(a) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”; c for paragraph (3)(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; ; d after paragraph (3) insert— 3A A right to reside falls within this paragraph if it 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. ; e in paragraph (4)(za) for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. Universal Credit Regulations 2013 8 1 The Universal Credit Regulations 2013 are amended as follows. 2 In regulation 2 (interpretation) in the definition of “ EEA Regulations” for “Immigration (European Economic Area) Regulations 2006” substitute “Immigration (European Economic Area) Regulations 2016”. 3 In regulation 9 (persons treated as not being in Great Britain) — a at the end of paragraph (3)(aa)(ii) omit “or”; b in paragraph (3)(b)— i for “regulation 15A(1)” substitute “regulation 16”; ii for “the claimant” substitute “the person”; iii for “regulation 15A(4A)” substitute “regulation 16(5)”; c at the end of paragraph (3)(b) add “; or”; d after paragraph (3)(b) insert— c a person having been granted 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 made under section 3(2) of that Act; or ii 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. . Signed by authority of the Secretary of State for Work and Pensions Alok Sharma Minister for Employment Department for Work and Pensions 16th April 2019 at 10.35 a.m.