The Social Security, Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2020

Amendment of the Child Benefit (General) Regulations 2006

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

(2) In regulation 1 (citation, commencement and interpretation) in paragraph (3) at the appropriate place insert—

““EU Agreement” means—

(a)

an Association Agreement concluded under Article 217 of the Treaty on the Functioning of the European Union which makes provision in the field of social security for equal treatment for workers who are nationals of the State with which the agreement has been concluded, or

(b)

a Stabilisation and Association Agreement concluded under Article 217 of the Treaty on the Functioning of the European Union which makes provision for receipt of family allowances for members of a worker’s family who are legally resident in the United Kingdom;”.

(3) In regulation 23 (circumstances in which person treated as not being in Great Britain)(2), for paragraph (4A) substitute—

“(4A) Paragraph (4)(b) does not apply to a person who is lawfully working in Great Britain—

(a) who—

(i) made a claim for child benefit before 1st January 2021, and

(i) is a national of a State with which the European Union had, before 1st January 2021, concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union providing in the field of social security for the equal treatment of workers who are nationals of the signatory State and their families; or

(b) who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an EU Agreement which has ceased to apply in the United Kingdom.”.

(4) In regulation 27 (circumstances in which person treated as not being in Northern Ireland)(3), for paragraph (3A) substitute—

“(3A) Paragraph (3)(b) does not apply to a person who is lawfully working in Northern Ireland—

(a) who—

(i) made a claim for child benefit before 1st January 2021, and

(ii) is a national of a State with which the European Union had, before 1st January 2021, concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union providing in the field of social security for the equal treatment of workers who are nationals of the signatory state and their families; or

(b) who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an EU Agreement which has ceased to apply in the United Kingdom.”.

(1)

S.I. 2006/223. Relevant amending instruments are S.I. 2007/2150, 2012/2612, 2019/364 and 2019/1431 (which comes into force on IP completion day).

(2)

Paragraph (4A) was inserted by regulation 11 of S.I. 2019/364 and will be amended by regulation 6 of S.I. 2019/1431 (which comes into force on IP completion day). Paragraph (4) has been relevantly amended by regulation 8 of S.I. 2007/2150 and regulation 3 of S.I. 2012/2612.

(3)

Paragraph (3A) was inserted by regulation 11 of S.I. 2019/364 and will be amended by regulation 6 of S.I. 2019/1431 (which comes into force on IP completion day). Paragraph (3) was relevantly amended by regulation 10 of S.I. 2007/2150 and regulation 4 of S.I. 2012/2612.