Social Security Citation and commencement 1 1 These Regulations may be cited as the Social Security (Income-related Benefits) (Persons of Northern Ireland – Family Members) (Amendment) Regulations (Northern Ireland) 2020 and shall come into operation on 24th August 2020. 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. 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 after paragraph (3A) insert— 3B Paragraph (3A)(a) does not apply to a person who— a has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and b would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3). ; b in paragraph (4)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”; c after paragraph (4)(zc) insert— zd a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national; ; d after paragraph (4) add— 5 In this regulation— “EEA national” has the same meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016; “family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd); “relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971 . . 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 after paragraph (3A) insert— 3B Paragraph (3A)(a) does not apply to a person who— a has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and b would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3A). ; b in paragraph (4)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”; c after paragraph (4)(zc) insert— zd a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national; ; d after paragraph (4) add— 5 In this regulation— “EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016; “family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd); “relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971. . 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 after paragraph (3A) insert— 3B Paragraph (3A)(a) does not apply to a person who— a has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and b would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3). ; b in paragraph (4)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”; c after paragraph (4)(zc) insert— zd a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national; ; d after paragraph (4) add— 5 In this regulation— “EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016; “family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3B) and (4)(zd); “relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971. . Amendment of the Housing Benefit Regulations 5 In regulation 10 of the Housing Benefit Regulations (Northern Ireland) 2006 (persons from abroad)— a after paragraph (4A) add— 4B Paragraph (4A)(a) does not apply to a person who — a has a right to reside granted by virtue of being a family member of a person of a relevant person of Northern Ireland; and b would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3A). ; b in paragraph (5)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”; c after paragraph (5)(zc) insert zd a family member of a relevant person of Northern Ireland with a right to reside which falls within paragraph (4A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national . d for paragraph (7) substitute— 7 In this regulation— “EEA national” has the same meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016; “family member” has the same meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016, except that regulation 7(4) of those Regulations does not apply for the purposes of paragraph (4B) and (5)(zd) of this regulation; “refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees; “relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971. . Amendment of the Housing Benefit (Persons who have attained 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) Regulations (Northern Ireland) 2006 (persons from abroad)— a after paragraph (4A) add— 4B Paragraph (4A)(a) does not apply to a person who — a has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and b would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (4). ; b in paragraph (5)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”; c after paragraph (5)(zc) insert zd a family member of a relevant person of Northern Ireland with a right to reside which falls within paragraph (4A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national; ; d for paragraph (7) substitute— 7 In this regulation— “EEA national” has the same meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016; “family member” has the same meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016, except that regulation 7(4) of those Regulations does not apply for the purposes of paragraph (4B) and (5)(zd) of this regulation; “refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees; “relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971. . 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) insert— a after paragraph (3A) add— 3B Paragraph (3A)(a) does not apply to a person who — a has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and b would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3). ; b in paragraph (4)(zb) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of those Regulations”; c after paragraph (4)(zc) insert zd a family member of a relevant person of Northern Ireland with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national. . d after paragraph (4) add— 5 In this regulation— “EEA national” has the same meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016; “family member” has the same meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016, except that regulation 7(4) of those Regulations does not apply for the purposes of paragraph (3B) and (4)(zd) of this regulation; “relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971. . Sealed with the Official Seal of the Department for Communities on 23rd July 2020 (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 23rd July 2020 (L.S.) Emer Morelli A senior officer of the Department of Finance