The Social Security (Habitual Residence) (Amendment) Regulations 2012

• Citation: S.I. 2012/2587
• Sections: 9

Section 1 Citation and commencement

These Regulations may be cited as the Social Security (Habitual Residence) (Amendment) Regulations 2012 and shall come into force on 8th November 2012.

Section 2 Amendment of the Income Support (General) Regulations 1987

(1) Regulation 21AA of the Income Support (General) Regulations 1987 (special cases: supplemental – persons from abroad) is amended as follows.

(2) After paragraph (3)(b), insert—

(bb) regulation 15A(1) of those Regulations , but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;

(3) At the end of paragraph (3)(c), omit “or”.

(4) At the end of paragraph (3)(d), add “; or” and the following sub-paragraph—

(e) 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).

Section 3 Amendment of the Jobseeker’s Allowance Regulations 1996

(1) Regulation 85A of the Jobseeker’s Allowance Regulations 1996 (special cases: supplemental – persons from abroad) is amended as follows.

(2) At the end of paragraph (3)(a), omit “or”.

(3) After paragraph (3)(a), insert—

(aa) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;

(4) At the end of paragraph (3)(b), add “; or” and the following sub-paragraph—

(c) 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).

Section 4 Amendment of the State Pension Credit Regulations 2002

(1) Regulation 2 of the State Pension Credit Regulations 2002 (persons not in Great Britain) is amended as follows.

(2) After paragraph (3)(b), insert—

(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;

(3) At the end of paragraph (3)(c), omit “or”.

(4) At the end of paragraph (3)(d), add “; or” and the following sub-paragraph—

(e) 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).

Section 5 Amendment of the Housing Benefit Regulations 2006

(1) Regulation 10 of the Housing Benefit Regulations 2006 (persons from abroad) is amended as follows.

(2) After paragraph (3A)(b), insert—

(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;

(3) At the end of paragraph (3A)(c), omit “or”.

(4) At the end of paragraph (3A)(d), add “; or” and the following sub-paragraph—

(e) 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).

Section 6 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) Regulation 10 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) is amended as follows.

(2) After paragraph (4)(b), insert—

(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;

(3) At the end of paragraph (4)(c), omit “or”.

(4) At the end of paragraph (4)(d), add “; or” and the following sub-paragraph—

(e) 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).

Section 7 Amendment of the Council Tax Benefit Regulations 2006

(1) Regulation 7 of the Council Tax Benefit Regulations 2006 (persons from abroad) is amended as follows.

(2) After paragraph (4)(b), insert—

(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;

(3) At the end of paragraph (4)(c), omit “or”.

(4) At the end of paragraph (4)(d), add “; or” and the following sub-paragraph—

(e) 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).

Section 8 Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) Regulation 7 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (persons from abroad) is amended as follows.

(2) After paragraph (4)(b), insert—

(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;

(3) At the end of paragraph (4)(c), omit “or”.

(4) At the end of paragraph (4)(d), add “; or” and the following sub-paragraph—

(e) 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).

Section 9 Amendment of the Employment and Support Allowance Regulations 2008

(1) Regulation 70 of the Employment and Support Allowance Regulations 2008 (special cases: supplemental – persons from abroad) is amended as follows.

(2) After paragraph (3)(b), insert—

(bb) regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;

(3) At the end of paragraph (3)(c), omit “or”.

(4) At the end of paragraph (3)(d), add “; or” and the following sub-paragraph—

(e) 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).