Housing Citation and commencement 1 These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (Amendment) Regulations (Northern Ireland) 2012 and shall come into operation on 14 th January 2013. Amendment of the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 2 1 The Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 are amended as follows. 2 After regulation 3(1)(b)(ii), insert— iii is a derivative right to reside to which he is entitled under regulation 15A(1) of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in Regulation 15A(4A) of those Regulations; or iv is derived from Article 20 of the Treaty on the Functioning of the European Union, in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen; or . 3 For regulation 3(1)(c) substitute— c his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland— i is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii) which is derived from the Treaty on the Functioning of the European Union; or ii is derived from Article 20 of the Treaty on the Functioning of the European Union, in a case where the right to reside— a in the Republic of Ireland arises because an Irish citizen, or b in the Channel Islands or the Isle of Man arises because a British citizen also entitled to reside there would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen. . 4 After sub-paragraph 4(1)(b)(ii), insert— iii is a derivative right to reside to which he is entitled under regulation 15A(1) of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in Regulation 15A(4A) of those Regulations; or iv is derived from Article 20 of the Treaty on the Functioning of the European Union in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen; or . 5 For regulation 4(1)(c) substitute— c his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland— i is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii) which is derived from the Treaty on the Functioning of the European Union; or ii is derived from Article 20 of the Treaty on the Functioning of the European Union, in a case where the right to reside— a in the Republic of Ireland arises because an Irish citizen, or b in the Channel Islands or the Isle of Man arises because a British citizen also entitled to reside there would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen. . Transition provisions 3 The changes made by these Regulations shall not have effect in relation to an applicant whose application for— a an allocation of housing accommodation under the Housing (Northern Ireland) Order 1981; or b housing assistance under Part II of the Housing (Northern Ireland) Order 1988 was made before the coming into operation of these Regulations. Theresa Villiers One of Her Majesty’s Principal Secretaries of State Northern Ireland Office 2nd December 2012