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2.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.
(2) In regulation 21AA (special cases: supplemental – persons from abroad)(2)—
(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(3) 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) insert—
“(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(4).”.
Regulation 21AA was added by S.I. 2006/1026. Relevant amending instruments are S.I. 2006/1981, S.I. 2006/2528, S.I. 2009/362, S.I. 2013/2536, S.I. 2014/902 and S.I. 2019/872.
The immigration rules were laid before Parliament on 23rd May 1994 (HC 395). Appendix EU was laid before Parliament on 20th July 2018 as part of a command paper that amended the immigration rules entitled “Statement of Changes in Immigration rules” (Cm 9675). Appendix EU was amended in respect of family members of persons of Northern Ireland as part of a command paper entitled “Statement of Changes in Immigration Rules” (CP 232) laid before Parliament on 14th May 2020. The amendments include a definition of a relevant person of Northern Ireland.
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