Explanatory note

These Regulations amend the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 (S.R. 2000 No. 71) (“the Immigration Regulations”).

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

Regulation 2 of, and the Schedule to, the Immigration Regulations make provision for certain people not to be excluded from entitlement to benefits under section 115 of the Immigration and Asylum Act 1999, who would otherwise be excluded under that section. Paragraph 4 of Part 1 of the Schedule to the Immigration Regulations provides 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 those Regulations.

Regulation 2 amends regulation 2(1) and (1A) of the Immigration Regulations to remove paragraph 4 of Part 1 of the Schedule as a relevant provision for persons making a claim for housing benefit or state pension credit. Paragraph 4 of Part 1 of the Schedule to the Immigration Regulations continues to be relevant for the purposes of the remaining benefits specified in regulation 2(1) of those Regulations.