OpenLegislation

The Social Security (Amendment) (EU Exit) Regulations (Northern Ireland) 2021

S.R. 2021/281 · Made 7 October 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union

Social Security

Made 7th October 2021

Coming into operation 28th October 2021

The Department for Communities makes the following Regulations in exercise of the powers conferred by section 115(3) and (4) of the Immigration and Asylum Act 1999f1, and now vested in itf2.

Annotations to the whole text

Footnotes

f1

1999 c. 33

f2

See Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

Contents

  1. 1Citation, commencement, interpretation and effect
  2. 2Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations
  3. Signature
  4. Explanatory note

1Citation, commencement, interpretation and effect

(1)

These Regulations may be cited as the Social Security (Amendment) (EU Exit) Regulations (Northern Ireland) 2021 and shall come into operation on 28th October 2021.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

(3)

The substitution made by regulation 2(2) does not have effect in relation to a claim for universal credit, or an award of universal credit without a claimf2, made before 28th October 2021.

(4)

The amendments made by regulation 2(3) do not have effect in relation to claims made before 28th October 2021.

2Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations

(1)

The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2(1A)f2 (persons not excluded from specified benefits under section 115 of the Act) for “paragraphs 2, 3 and 4” substitute “paragraphs 2 and 3”.

(3)

In Part II of the Schedulef3 (persons not excluded from certain benefits under section 115 of the Immigration and Asylum Act 1999) in paragraph 2f4 (in so far as it does not relate to child benefit)—

(a)

omit sub-paragraph (a);

(b)

in sub-paragraph (b) for the words “an EU Agreement in sub-paragraph (a)” substitute “an agreement under Article 217 of the Treaty on the Functioning of the European Unionf5”.

Signature

Sealed with the Official Seal of the Department for Communities on 7th October 2021

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 (S.R. 2000 No. 71) (“the Immigration Regulations”) to reflect the United Kingdom’s transition to trade and continuity agreements (“TCAs”) to replace Association Agreements concluded with third countries under Article 217 of the Treaty on the Functioning of the European Union which provide for equal treatment, as a consequence of the United Kingdom’s exit from the European Union.

Regulation 1 provides for citation, commencement, interpretation and effect.

Regulation 2(2) amends regulation 2 of the Immigration Regulations to remove paragraph 4 of Part I of the Schedule as a relevant provision for persons making a claim for universal credit. Paragraph 4 continues to provide that lawfully present nationals of states which have ratified the European Convention on Social and Medical Assistance or the Council of Europe Social Charter are not treated as being subject to immigration control for the purposes of the benefits specified in regulation 2(1) of the Immigration Regulations.

Regulation 2(3)(a) revokes paragraph 2(a) of Part II of the Schedule to the Immigration Regulations to provide that where an Association Agreement has not been transitioned to a TCA, nationals of that country who are lawfully working will only be treated as not being subject to immigration control for the purposes of the benefits specified in regulation 2(2) of the Immigration Regulations where that person has made a claim for that benefit before 28th October 2021. Regulation 2(3)(b) makes a consequential amendment.