The Social Security, Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2019

Contents

1Citation and commencement#

These Regulations may be cited as the Social Security, Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

2Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000#

(1)The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 are amended as follows.

(2)In Part II of the Schedule (persons not excluded under section 115 of the Immigration and Asylum Act 1999 from entitlement to certain benefits), for paragraph 2 substitute—“2 A person who is lawfully working in Great Britain and is a national of a State with which—a the European Union has concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union (an “EU Agreement”) providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families; orb the United Kingdom has concluded an agreement which replaces in whole or in part an EU Agreement in sub-paragraph (a) which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families.”

3Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000#

(1)In so far as they relate to child benefit, the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 are amended as follows.

(2)In Part II of the Schedule (persons not excluded under section 115 of the Immigration and Asylum Act 1999 from entitlement to certain benefits), for paragraph 2 substitute—“2 A person who is lawfully working in Northern Ireland and is a national of a State with which—a the European Union has concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union (an “EU Agreement”) providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families; orb the United Kingdom has concluded an agreement which replaces in whole or in part an EU Agreement in sub-paragraph (a) which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families.”

4Amendment of the Tax Credits (Immigration) Regulations 2003#

(1)The Tax Credits (Immigration) Regulations 2003 are amended as follows.

(2)In regulation 3(1) (exclusion of persons subject to immigration control from entitlement to tax credits), in Case 5, for the text after “he is” until the end substitute—“a person who is lawfully working in the United Kingdom and is a national of a State with which—a the European Union has concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union (an “EU Agreement”) providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families; orb the United Kingdom has concluded an agreement which replaces in whole or in part an EU Agreement in sub-paragraph (a) which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families.”

5Amendment of the Tax Credits (Residence) Regulations 2003#

(1)The Tax Credits (Residence) Regulations 2003 are amended as follows.

(2)In regulation 3 (circumstances in which a person is treated as not being in the United Kingdom), for paragraph (5A) substitute—“5A Paragraph (5)(b)(ii) does not apply to a person who is lawfully working in the United Kingdom and is a national of a State with which—a the European Union has concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union (an “EU Agreement”) providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families; orb the United Kingdom has concluded an agreement which replaces in whole or in part an EU Agreement in sub-paragraph (a) which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families.”

6Amendment of the Child Benefit (General) Regulations 2006#

(1)The Child Benefit (General) Regulations 2006 are amended as follows.

(2)In regulation 23 (circumstances in which person treated as not being in Great Britain), for paragraph (4A) substitute—“4A Paragraph (4)(b) does not apply to a person who is lawfully working in Great Britain and is a national of a State with which—a the European Union has concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union (an “EU Agreement”) providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families; orb the United Kingdom has concluded an agreement which replaces in whole or in part an EU Agreement in sub-paragraph (a) which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families.”

(3)In regulation 27 (circumstances in which person treated as not being in Northern Ireland), for paragraph (3A) substitute—“3A Paragraph (3)(b) does not apply to a person who is lawfully working in Northern Ireland and is a national of a State with which:a the European Union has concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union (an “EU Agreement”) providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families; orb the United Kingdom has concluded an agreement which replaces in whole or in part an EU Agreement in sub-paragraph (a) which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families.”

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