The Energy Prices Act 2022 (Amendment) (Northern Ireland) Regulations 2026

Published: Tue 23rd Jun 26

These Regulations make consequential amendments to various primary and secondary acts of legislation to account for the cessation of EU free movement law in the United Kingdom.

They modify eligibility criteria for social security benefits, child benefit, and tax credits by refining the definitions of 'persons from abroad' and 'persons not habitually resident'.

The measures apply to the Department for Work and Pensions, HM Revenue and Customs, and local authorities responsible for housing and council tax support, while providing specific protections for individuals with rights under the Withdrawal Agreement, the EEA EFTA Separation Agreement, or the Swiss Citizens’ Rights Agreement.

Arguments For

The document states that these regulations are necessary to reflect the end of free movement of persons in the UK under retained EU law, as mandated by the Immigration (Social Security Co-ordination) (EU Withdrawal) Act 2020.
The explanatory note asserts that the instrument ensures legal continuity by providing transitional and saving provisions for individuals who exercised free movement rights before the end of the transition period.
Proponents within the government frame the measure as a requirement to align secondary legislation with the new domestic immigration framework while protecting the existing social security entitlements of specific cohorts, such as those covered by the Withdrawal Agreement.
The document indicates that the regulations clarify the eligibility criteria for 'persons from abroad' and 'persons not habitually resident' in the context of access to income-related benefits.

Arguments Against

Legal commentators have noted that the complexity of the transitional arrangements may create administrative burdens for local authorities and government departments determining benefit eligibility.
Civil liberties and migrant rights organizations have raised concerns that the cessation of EU-derived rights could lead to gaps in social security coverage for vulnerable individuals who fail to secure status under the EU Settlement Scheme.
Legal scholars have highlighted that the heavy reliance on cross-referencing multiple sets of primary and secondary legislation may result in ambiguity for claimants attempting to understand their legal entitlements.
Stakeholders in devolved administrations have previously questioned how changes to residency definitions might impact the delivery of localized social security and housing assistance.

1. Citation, commencement and interpretation

(1) These Regulations may be cited as the Immigration (Social Security Co-ordination) (EU Withdrawal) Act 2020 (Consequential, Transitional, Transitory and Saving Provisions) (EU Exit) Regulations 2020.

(2) These Regulations come into force on implementation period completion day.

(3) In these Regulations—

“the 2020 Act” means the Immigration (Social Security Co-ordination) (EU Withdrawal) Act 2020;

“the EEA Regulations 2016” means the Immigration (European Economic Area) Regulations 2016.

This section establishes the official title of the regulations and sets the date they take effect as the end of the transition period following the UK's withdrawal from the EU. It also provides definitions for key terms used throughout the document, specifically identifying the parent Act and the 2016 EEA Regulations.

12. Transitional and saving provisions

(1) The amendments made by these Regulations do not apply in relation to a person who—

(a) is a person with a right to reside in the United Kingdom by virtue of—

(i) Article 13 of the withdrawal agreement (residence rights);

(ii) Article 12 of the EEA EFTA separation agreement (residence rights); or

(iii) Article 12 of the Swiss citizens’ rights agreement (residence rights); or

(b) is a person who has a right to reside in the United Kingdom by virtue of—

(i) Article 18(2) or (3) of the withdrawal agreement (issuing of residence documents);

(ii) Article 17(2) or (3) of the EEA EFTA separation agreement (issuing of residence documents); or

(iii) Article 16(2) or (3) of the Swiss citizens’ rights agreement (issuing of residence documents).

This section limits the application of the new restrictions, ensuring they do not affect individuals who hold residency rights under the various separation agreements reached between the UK, the EU, the EEA EFTA states, and Switzerland.

It preserves the existing legal status and benefit eligibility for these specific groups despite the broader changes to immigration law.

This ensures that the UK remains in compliance with its international obligations regarding citizens' rights.

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Civil Liberties Economy Justice Local Government