References to secondary legislation covering more than one country
Contents:
Throughout this site we sometimes refer to legislation that applies to more than one part of the United Kingdom: this is because the Westminster parliament retains the right to make the law on some matters within the devolved nations including immigration, implementation of EU directives (both UK-wide) and social security (Great Britain). Furthermore, in order to make the advice on this site easier to read we often refer to legislation in an abbreviated form (e.g. 'the EEA regulations') rather than cite the full reference. This page provides the key to convert the abbreviated reference into the full citation.
The references we make to the legislation are always to the legislation as it currently stands, that is, including any amendments that have been made, rather than to the law as originally enacted.
The orders, regulations and rules cited below are the law for all of the constituent countries under the relevant heading in which they fall. So for example a set of regulations that falls under the heading United Kingdom are the law in England, Scotland, Wales and Northern Ireland.
United Kingdom - means England, Scotland, Wales and Northern Ireland.
Great Britain - means England, Scotland and Wales.
The official website legislation.gov.uk shows the amended version of Acts of Parliament but often only the original versions of statutory instruments and regulations. Links to these are not shown here for that reason.
United Kingdom Immigration Rules and EEA regulations
The current Immigration Rules
EEA Regulations: The Immigration (European Economic Area) Regulations 2016, SI 2016 No. 1052. These regulations now only apply in their modified form to persons who have EU pre-settled status.
United Kingdom: housing, homelessness and immigration control
The persons subject to Immigration Control (Housing Authority and Homelessness) Order SI 2000 No. 706 (pdf) applies to England, Scotland and Northern Ireland, and articles 3 and 4 also apply to Wales by article 2 of The Persons Subject to Immigration Control (Housing Authority Accommodation) (Wales) Order 2000.
Great Britain: social security and immigration control
The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 These regulations apply to universal credit (UC), HB and other DWP benefits. They set out the circumstances in which a person who is subject to immigration control (e.g. despite a ‘no public funds’ condition) can still get benefit. But since 3 May 2022 they only apply to sponsored immigrants who have been resident for at least five years or whose sponspor(s) have died see: regulation 2(1A) and schedule part 1 paras 2, 3.
Great Britain: UC regulations
The Universal Credit Regulations 2013, Regulation 9 (pdf).
Great Britain: HB regulations
Although we refer to 'the HB Regulations' throughout there are in fact two separate sets of regulations for housing benefit, one for working-age claims and one for pension-age claims. Although the regulations are quite separate the wording in each set that describes the eligibility rules relating to migrants is almost identical and the regulation number in each (regulation 10) is the same. References to The Housing Benefit Regulations 2006, Regulation 10 (pdf) "HB 10" strictly speaking only apply to working-age claims for housing benefit; for pension age claims the law is in regulation 10 of the The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, SI 2006 No. 214 (pdf) "HB66+ 10".
The HB Consequential Provisions Regulations means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006, SI 2006 No.217. They cover transitional rules and savings for older claims.
