2.—(1) The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006(1) are amended as follows.
(2) After regulation 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 their rights as a European Union citizen; or”.
(3) 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-paragraphs (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 6(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 6(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.”.
S.I. 2006/1294. Regulations 4 and 6 have been amended by S.I. 2006/3340, 2006/2007 and 2009/358. Other amendments have been made to S.I. 2006/1294 which are not relevant to these Regulations. The EEA Regulations referred to in regulation 2(2) are the Immigration (European Economic Area) Regulations 2006, S.I. 2006/1203, most recently amended by S.I 2012/2560.