Regulation 9 Amendment of the Employment and Support Allowance Regulations 2008

Regulation 70 of the Employment and Support Allowance Regulations 2008^f1 (special cases: supplemental – persons from abroad) is amended as follows.

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;”.

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

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).”.