SOCIAL SECURITY Citation and commencement 1 These Regulations shall be cited as the Social Security (Persons from Abroad) Amendment Regulations 2006 and shall come into force on 30th April 2006. Amendment of the Council Tax Benefit Regulations 2006 2 1 The Council Tax Benefit Regulations 2006 are amended as follows. 2 In regulation 7 (persons from abroad)— a for paragraphs (2), (3) and (4) substitute— 2 In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. 3 No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (4). 4 A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following— a regulation 13 of the Immigration (European Economic Area) Regulations 2006 ; b regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is— i a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or ii a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; c Article 6 of Council Directive No. 2004/38/ EC ; or d Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland). 4A A person is not a person from abroad if he is— a a worker for the purposes of Council Directive No. 2004/38/EC ; b a self-employed person for the purposes of that Directive; c a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive; d a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive; e a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive; f a person who is an accession State worker requiring registration 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 regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ; g a refugee; h a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State; i a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; j a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; or k in receipt of income support or on an income-based jobseeker’s allowance. ; b in paragraph (6), omit the definition of “a European Economic Area State”. Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 3 1 The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. 2 In regulation 7 (persons from abroad)— a for paragraphs (2), (3) and (4) substitute— 2 In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. 3 No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (4). 4 A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following— a regulation 13 of the Immigration (European Economic Area) Regulations 2006 ; b regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is— i a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or ii a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; c Article 6 of Council Directive No. 2004/38/EC ; or d Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland). 4A A person is not a person from abroad if he is— a a worker for the purposes of Council Directive No. 2004/38/EC ; b a self-employed person for the purposes of that Directive; c a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive; d a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive; e a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive; f a person who is an accession State worker requiring registration 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 regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ; g a refugee; h a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State; i a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; j a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; or k on state pension credit. ; b in paragraph (6), omit the definition of “a European Economic Area State”. Amendment of the Housing Benefit Regulations 2006 4 1 The Housing Benefit Regulations 2006 are amended as follows. 2 In regulation 10 (persons from abroad)— a for paragraphs (2) and (3) substitute— 2 In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. 3 No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3A). 3A A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following— a regulation 13 of the Immigration (European Economic Area) Regulations 2006 ; b regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is— i a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or ii a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; c Article 6 of Council Directive No. 2004/38/EC ; or d Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland). 3B A person is not a person from abroad if he is— a a worker for the purposes of Council Directive No. 2004/38/EC ; b a self-employed person for the purposes of that Directive; c a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive; d a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive; e a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive; f a person who is an accession State worker requiring registration 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 regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ; g a refugee; h a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State; i a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; j a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; or k in receipt of income support or on an income-based jobseeker’s allowance. ; b omit paragraph (5); c in paragraph (6), omit the definition of “a European Economic Area State”. Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 5 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 for paragraphs (2), (3) and (4) substitute— 2 In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. 3 No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (4). 4 A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following— a regulation 13 of the Immigration (European Economic Area) Regulations 2006 ; b regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is— i a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or ii a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; c Article 6 of Council Directive No. 2004/38/EC ; or d Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland). 4A A person is not a person from abroad if he is— a a worker for the purposes of Council Directive No. 2004/38/EC ; b a self-employed person for the purposes of that Directive; c a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive; d a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive; e a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive; f a person who is an accession State worker requiring registration 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 regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ; g a refugee; h a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State; i a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; j a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; or k on state pension credit. ; b in paragraph (6), omit the definition of “a European Economic Area State”. Amendment of the Income Support (General) Regulations 1987 6 1 The Income Support (General) Regulations 1987 are amended as follows. 2 In regulation 21 (special cases)— a in paragraph (3)— i for “Subject to paragraphs (3F) and (3G), in Schedule 7” substitute “In Schedule 7”; ii for the definition of “person from abroad”, substitute— “person from abroad” has the meaning given in regulation 21AA; ; b omit paragraphs (3F) and (3G). 3 After that regulation insert— Special cases: supplemental – persons from abroad 21AA 1 ”Person from abroad” means, subject to the following provisions of this regulation, a claimant who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. 2 No claimant shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3). 3 A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following— a regulation 13 of the Immigration (European Economic Area) Regulations 2006 ; b regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the claimant is— i a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or ii a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; c Article 6 of Council Directive No. 2004/38/EC ; or d Article 39 of the Treaty establishing the European Community (in a case where the claimant is a person seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland). 4 A claimant is not a person from abroad if he is— a a worker for the purposes of Council Directive No. 2004/38/EC ; b a self-employed person for the purposes of that Directive; c a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive; d a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive; e a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive; f a person who is an accession State worker requiring registration 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 regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ; g a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ; h a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State; i a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; or j a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption. . Amendment of the Jobseeker’s Allowance Regulations 1996 7 1 The Jobseeker’s Allowance Regulations 1996 are amended as follows. 2 In regulation 85 (special cases)— a in paragraph (4)— i for “Subject to paragraphs (4A) and (4B), in this regulation” substitute “In this regulation”; ii for the definition of “person from abroad”, substitute— “person from abroad” has the meaning given in regulation 85A; ; b omit paragraphs (4A) and (4B). 3 After that regulation insert— Special cases: supplemental – persons from abroad 85A 1 “Person from abroad” means, subject to the following provisions of this regulation, a claimant who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. 2 No claimant shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3). 3 A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following— a regulation 13 of the Immigration (European Economic Area) Regulations 2006 ; or b Article 6 of Council Directive No. 2004/38/EC . 4 A claimant is not a person from abroad if he is— a a worker for the purposes of Council Directive No. 2004/38/EC ; b a self-employed person for the purposes of that Directive; c a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive; d a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive; e a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive; f a person who is an accession State worker requiring registration 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 regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ; g a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ; h a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State; i a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; or j a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption. . Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 8 1 The Social Fund Maternity and Funeral Expenses (General) Regulations 2005 are amended as follows. 2 In regulation 7 (funeral payments: entitlement)— a in paragraph (9)(a) for “or Norway” substitute “, Norway or Switzerland”; b for paragraph (10) substitute— 10 This paragraph applies where the responsible person or his partner is— a a worker for the purposes of Council Directive No. 2004/38/EC ; b a self-employed person for the purposes of that Directive; c a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive; d a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive; or e a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive. . Amendment of the State Pension Credit Regulations 2002 9 1 The State Pension Credit Regulations 2002 are amended as follows. 2 For regulation 2 (persons not in Great Britain) substitute— Persons not in Great Britain 2 1 A person is to be treated as not in Great Britain if, subject to the following provisions of this regulation, he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. 2 No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3). 3 A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following— a regulation 13 of the Immigration (European Economic Area) Regulations 2006 ; b regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is— i a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or ii a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; c Article 6 of Council Directive No. 2004/38/EC ; or d Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland). 4 A person is not to be treated as not in Great Britain if he is— a a worker for the purposes of Council Directive No. 2004/38/EC ; b a self-employed person for the purposes of that Directive; c a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive; d a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive; e a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive; f a person who is an accession State worker requiring registration 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 regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ; g a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ; h a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State; i a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; or j a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption. . Nationals of Norway, Iceland, Liechtenstein and Switzerland 10 The following provisions shall apply in relation to a national of Norway, Iceland, Liechtenstein or Switzerland or a member of his family (within the meaning of Article 2 of Council Directive No. 2004/38/EC ) as if such a national were a national of a member State— a regulation 7(4A)(a) to (e) of the Council Tax Benefit Regulations 2006 ; b regulation 7(4A)(a) to (e) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ; c regulation 10(3B)(a) to (e) of the Housing Benefit Regulations 2006 ; d regulation 10(4A)(a) to (e) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ; e regulation 21AA(4)(a) to (e) of the Income Support (General) Regulations 1987 ; f regulation 85A(4)(a) to (e) of the Jobseeker’s Allowance Regulations 1996 ; g regulation 7(10) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 ; and h regulation 2(4)(a) to (e) of the State Pension Credit Regulations 2002 . Revocations and savings 11 1 The following Regulations are revoked— a the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1994 ; b the Income-related Benefits (Montserrat) Regulations 1996 ; c the Income-related Benefits and Jobseeker’s Allowance (Amendment) Regulations 2000 ; and d the Social Security (Habitual Residence) Amendment Regulations 2004 . 2 Nothing in these Regulations shall affect the continued operation of the transitional arrangements and savings provided for in— a regulation 12 of the Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996 ; b regulation 6 of the Social Security (Habitual Residence) Amendment Regulations 2004 ; or c paragraph 6 of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 . Signed by authority of the Secretary of State for Work and Pensions. Stephen C. Timms Minister of State, Department for Work and Pensions 3rd April 2006