2013 No. 167
The Social Security (Croatia) (Amendment) Regulations (Northern Ireland) 2013
Made
Coming into operation
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 131(1) and (2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 F1, Articles 6(5) and (12) and 36(2) of, and paragraph 11 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995 F2, section 115(3), (4) and (8) of the Immigration and Asylum Act 1999 F3, and now vested in it F4, sections 1(5)(a) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 2002 F5 and sections 4(3) and 25(2)of the Welfare Reform Act (Northern Ireland) 2007 F6.
Regulations 5 and 6 are made with the consent of the Department of Finance and Personnel F7.
The Social Security Advisory Committee has agreed that proposals in respect of regulations 5 and 6 should not be referred to it F8.
S.I. 1995/2705 (N.I. 15); Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)
See Article 8(b) of S.R. 1999 No. 481
See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481
See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (Croatia) (Amendment) Regulations (Northern Ireland) 2013 and shall come into operation on 1st July 2013.
2
The Interpretation Act (Northern Ireland) 1954 F9 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Income Support (General) Regulations2
In regulation 21AA(4) of the Income Support (General) Regulations (Northern Ireland) 1987 F10 (special cases: supplemental—persons from abroad), for sub-paragraph (f) substitute—
f
a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 F11 pursuant to—
i
regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 F12 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”), or
ii
regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 F13 (right of residence of a Croatian who is an “accession State national subject to worker authorisation”);
Amendment of the Jobseeker's Allowance Regulations3
In regulation 85A(4) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996 F14 (special cases: supplemental – persons from abroad), for sub-paragraph (f) substitute—
f
a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—
i
regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”), or
ii
regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a Croatian who is an “accession State national subject to worker authorisation”);
Amendment of the State Pension Credit Regulations4
In regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 2003 F15 (persons not in Northern Ireland), for sub-paragraph (f) substitute—
f
a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—
i
regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”), or
ii
regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a Croatian who is an “accession State national subject to worker authorisation”);
Amendment of the Housing Benefit Regulations5
In regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 2006 F16 (persons from abroad), for sub-paragraph (f) substitute—
f
a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—
i
regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”), or
ii
regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a Croatian who is an “accession State national subject to worker authorisation”);
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations6
In regulation 10(5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 F17 (persons from abroad), for sub-paragraph (f) substitute—
f
a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—
i
regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”), or
ii
regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a Croatian who is an “accession State national subject to worker authorisation”);
Amendment of the Employment and Support Allowance Regulations7
In regulation 70(4) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 F18 (special cases: supplemental – persons from abroad), for sub-paragraph (f) substitute—
f
a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—
i
regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”), or
ii
regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a Croatian who is an “accession State national subject to worker authorisation”);
Amendment consequential upon Croatia's Accession to the European Union8
In paragraph 1 of Part II of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations
(Northern Ireland) 2000 F19, after “on 17th March 1993” add “
as modified or supplemented from time to time.
”
.
Revocations9
Sealed with the Official Seal of the Department for Social Development on 14th June 2013
The Department of Finance and Personnel consents to regulations 5 and 6.
Sealed with the Official Seal of the Department of Finance and Personnel on 14th June 2013
1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)