HOUSING; RATES; SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations shall be cited as the Social Security (Persons from Abroad) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 30th April 2006. 2 In these Regulations— ... “the Income Support Regulations ” means the Income Support (General) Regulations (Northern Ireland) 1987 ; “the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 ; “the State Pension Credit Regulations ” means the State Pension Credit Regulations (Northern Ireland) 2003 ; “the Social Fund Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 . 3 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 Regulations 2 1 The Income Support Regulations shall be amended in accordance with paragraphs (2) and (3). 2 In regulation 21 (special cases)— a in paragraph (3) — i for “Subject to paragraphs (3D) and (3E), in Schedule 7” there shall be substituted “In Schedule 7”, and ii for the definition of “person from abroad” there shall be substituted the following definition— “person from abroad” has the meaning given in regulation 21AA; ; and b paragraphs (3D) and (3E) shall be omitted. 3 After regulation 21 there shall be inserted the following regulation— 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 Northern Ireland who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption. . Amendment of the Housing Benefit Regulations 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Jobseeker’s Allowance Regulations 4 1 The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) and (3). 2 In regulation 85 (special cases)— a in paragraph (4) — i for “Subject to paragraphs (4A) and (4B), in this regulation” there shall be substituted “In this regulation”, and ii for the definition of “person from abroad” there shall be substituted the following definition— “person from abroad” has the meaning given in regulation 85A; ; and b paragraphs (4A) and (4B) shall be omitted. 3 After regulation 85 there shall be inserted the following regulation— 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 Northern Ireland who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption. . Amendment of the State Pension Credit Regulations 5 For regulation 2 of the State Pension Credit Regulations (persons not in Northern Ireland) there shall be substituted the following regulation— Persons not in Northern Ireland 2 1 A person is to be treated as not in Northern Ireland 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 Northern Ireland 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 Northern Ireland 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 Regulations 6 In regulation 7 of the Social Fund Regulations (funeral payments: entitlement)— a in paragraph (9)(a) for “or Norway” there shall be substituted “, Norway or Switzerland”; and b for paragraph (10) there shall be substituted— 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. . Nationals of Norway, Iceland, Liechtenstein and Switzerland 7 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 21AA(4)(a) to (e) of the Income Support Regulations; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c regulation 85A(4)(a) to (e) of the Jobseeker’s Allowance Regulations; d regulation 2(4)(a) to (e) of the State Pension Credit Regulations; and e regulation 7(10) of the Social Fund Regulations. Revocations and savings 8 1 The following Regulations are hereby revoked— a the Income-related Benefits (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 1994 ; b the Income-related Benefits (Montserrat) Regulations (Northern Ireland) 1996 ; c the Income-related Benefits and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 2000 ; and d the Social Security (Habitual Residence Amendment) Regulations (Northern Ireland) 2004 . 2 Nothing in these Regulations shall affect the continued operation of the transitional arrangements and savings provided for in— a regulation 11 of the Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 ; or b regulation 6 of the Social Security (Habitual Residence Amendment) Regulations (Northern Ireland) 2004. Sealed with the Official Seal of the Department for Social Development on 3rd April 2006. John O'Neill A senior officer of the Department for Social Development The Department of Finance and Personnel hereby consents to regulation 3 of the foregoing Regulations. Sealed with the Official Seal of the Department of Finance and Personnel on 4th April 2006. Catherine Daly A senior officer of the Department of Finance and Personnel