The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020

Amendment of regulation 12

6.  In regulation 12 (persons treated as not being in Great Britain)—

(a) in paragraph (4)—

(i) in sub-paragraph (a), omit “or Article 6 of Council Directive 2004/38/EC”;

(ii) omit sub-paragraph (ab);

(iii) in sub-paragraph (b)—

(aa) for “15A(1)” substitute “16”;

(bb) for “(4A)” substitute “(5)”;

(cc) omit the words from “or Article 20” to the end;

(b) after paragraph (4) insert—

“(4A) For the purposes of paragraph (3), a right to reside does not include a right which exists by virtue of a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971(1) by virtue of—

(a) article 3 (grant of leave to EEA and Swiss nationals) of the Immigration (European Economic Area Nationals) (EU Exit) Order 2019(2) made under section 3A of that Act;

(b) Appendix EU to the immigration rules made under section 3(2) of that Act; or

(c) being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act.”;

(c) in paragraph (5)—

(i) after sub-paragraph (h), insert “or”;

(ii) at the end of sub-paragraph (ha), omit “or”;

(iii) omit sub-paragraph (i);

(d) in paragraph (8), in the definition of “EEA Regulations” for “2006” substitute “2016(3)”.

(1)

1971 c.77.

(2)

S.I. 2019/686.

(3)

S.I. 2016/1052; relevant amending instruments are S.I. 2018/801, 2019/468, 2019/745 and 2019/1383.