The Council Tax Reduction (Scotland) Regulations 2021

CHAPTER 2 S Persons Not Entitled to Council Tax Reduction

Persons not entitled to council tax reduction: absentees S

15.—(1) Subject to paragraph (2), a person is not entitled to council tax reduction in respect of a day and a dwelling of which the person is a resident if the person is throughout that day absent from the dwelling.

(2) Paragraph (1) does not include a person whose absence from the dwelling is part of a period of temporary absence.

(3) In paragraph (2) a “period of temporary absence” means—

(a) a period of absence not exceeding 13 weeks, beginning with the first whole day on which a person resides in residential accommodation and for so long as—

(i) the person resides in that accommodation,

(ii) the part of the dwelling in which the person usually resides is not let or sub-let, and

(iii) that period of absence does not form part of a longer period of absence from the dwelling of more than 52 weeks,

where the person has entered the accommodation for the purpose of ascertaining whether it suits the person’s needs and with the intention of returning to the dwelling if it proves not to suit the person’s needs,

(b) a period of absence not exceeding 13 weeks, beginning with the first whole day of absence from the dwelling and for so long as—

(i) the person intends to return to the dwelling,

(ii) the part of the dwelling in which the person usually resides is not let or sub-let, and

(iii) that period is unlikely to exceed 13 weeks,

(c) a period of absence not exceeding 52 weeks, beginning with the first whole day of that absence and for so long as—

(i) the person intends to return to the dwelling,

(ii) the part of the dwelling in which the person usually resides is not let or sub-let,

(iii) the person is a person to whom paragraph (4) applies, and

(iv) the period of absence is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely to exceed substantially 52 weeks.

(4) This paragraph applies to a person who is—

(a) detained in custody—

(i) on remand pending trial or required, as a condition of bail, to reside—

(aa) in a dwelling other than the dwelling referred to in paragraph (1), or

(bb) in premises approved under section 13 of the Offender Management Act 2007(1), or

(ii) pending sentence upon conviction,

(b) resident in a hospital or similar institution as a patient,

(c) undergoing, or who has a partner or a child (other than a child who is a non-dependant child) who is undergoing, in the United Kingdom or elsewhere, medical treatment or medically approved convalescence in accommodation other than residential accommodation,

(d) following, in the United Kingdom or elsewhere, a training course,

(e) undertaking medically approved care of a person residing in the United Kingdom or elsewhere,

(f) undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment,

(g) receiving medically approved care, in the United Kingdom or elsewhere, provided in accommodation other than residential accommodation,

(h) a student,

(i) receiving care provided in residential accommodation other than a person to whom paragraph (3)(a) applies, or

(j) a person who has left the dwelling the person resides in through fear of violence in that dwelling or by a person who was formerly a member of the person’s family.

(5) This paragraph applies to a person who is—

(a) detained in custody pending sentence upon conviction or under a sentence imposed by a court (other than a person who is detained in hospital under the provisions of the Mental Health Act 1983(2), the Criminal Procedure (Scotland) Act 1995(3) or the Mental Health (Care and Treatment) (Scotland) Act 2003(4)), and

(b) on temporary release from detention in accordance with Rules made under the provisions of the Prisons (Scotland) Act 1989(5) or the Prison Act 1952(6).

(6) Where paragraph (5) applies to a person, for any day when the person is on temporary release—

(a) if that temporary release was immediately preceded by a period of temporary absence under paragraph (3)(b) or (c)—

(i) for the purposes of paragraph (1), the person is to be treated as if still absent from the dwelling, and

(ii) for the purposes of paragraph (4)(a), the person is to be treated as if still in detention,

(b) if sub-paragraph (a) does not apply the person is to be treated as absent from the dwelling for the purpose of paragraph (1).

Commencement Information

I1 Reg. 15 in force at 1.4.2022, see reg. 1

Persons not entitled to council tax reduction: persons treated as not being in Great Britain S

16.—(1) Subject to paragraph (6), a person is not entitled to council tax reduction in respect of a day and a dwelling of which the person is a resident if the person is throughout that day treated as not being in Great Britain in accordance with this regulation.

(2) Subject to paragraph (6), a person is to be treated as not being in Great Britain if that person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

(3) A person is not to be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless the person has a right to reside in one of those places.

(4) For the purposes of paragraph (3), a right to reside does not include a right which exists by virtue of, or in accordance with—

(a) regulation 13 of the EEA Regulations (initial right of residence)(7),

(b) regulation 14 of the EEA Regulations (extended right of residence)(8), but only where the right exists under that regulation because the person is—

(i) a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations, or

(ii) a family member within the meaning of regulation 7 of the EEA Regulations of such a jobseeker,

(c) regulation 16 of the EEA Regulations (derivative right to reside)(9), but only where the right exists because the applicant satisfies the criteria in paragraph (5) of that regulation,

(d) a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971(10) by virtue of—

(i) Appendix EU to the immigration rules, unless paragraph (5) applies to the person,

(ii) being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules, or

(iii) having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules.

(5) This paragraph applies to a person who has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland who would have a right to reside under the EEA Regulations if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (4)(a) or (c).

(6) A person is not to be treated as not being in Great Britain if that person is—

(a) a qualified person for the purposes of regulation 6 of the EEA Regulations(11) as a worker or a self-employed person,

(b) a family member of—

(i) a person referred to in sub-paragraph (a), or

(ii) a relevant person of Northern Ireland with a right to reside which falls within paragraph (4)(d)(i), provided that the relevant person of Northern Ireland falls within sub-paragraph (a) or would do so but for the fact that they are not an EEA national within the meaning of regulation 2(1) of the EEA Regulations (general interpretation)(12),

(c) a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations (right of permanent residence)(13),

(d) a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020(14), or a family member of such a worker where that family member has been granted limited leave to enter or remain in the United Kingdom by virtue of Appendix EU of the immigration rules,

(e) a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28 July 1951(15), as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31 January 1967(16),

(f) a person who has been granted, or is deemed to have been granted, leave outside the immigration rules F1 ...

(g) a person who has humanitarian protection granted under the immigration rules,

(h) a person who is in the United Kingdom as a result of their deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom and is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999(17),

(i) a person in receipt of a qualifying income-related benefit, but in the case of a person in receipt of an income-based jobseeker’s allowance only where that person has a right to reside other than the rights to reside described in paragraph (4)(a) to (c), F2 ...

(j) a person described in regulation 17(2)(c) or (e) who is posted overseas to perform duties and immediately before the person was so posted, or was first so posted in the case of a series of consecutive postings, the person was habitually resident in the United Kingdom,

[F3 (k) a person granted leave in accordance with the rules referred to in sub-paragraph (f), where such leave is granted by virtue of—

(i) the Afghan Relocations and Assistance Policy, or

(ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme), F4 ...

(l) a person in Great Britain not coming within sub-paragraph [F5 (f)] or (k) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021][F6 , F7 ...

(m) a person in Great Britain who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—

(i) has been granted leave in accordance with the rules referred to in sub-paragraph (f), or

(ii) has a right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971 or [F8 does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act]] [F9 , F10 ...

(n) a person in Great Britain who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—

(i) has been granted leave in accordance with the rules referred to in sub-paragraph (f), or

(ii) has a right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act][F11 , or

(o) a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack and—

(i) has been granted leave in accordance with the rules referred to in sub-paragraph (f), or

(ii) has a right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act.]

(7) In this regulation—

(a) “the EEA Regulations” means the Immigration (European Economic Area) Regulations 2016(18) and references to those Regulations are to be read with schedule 4 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020(19),

(b) “EEA national” has the meaning given by regulation 2(1) of the EEA Regulations,

(c) “family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the EEA Regulations, except that regulation 7(4) of those Regulations does not apply for the purposes of paragraph (5) and (6)(b)(ii),

(d) “immigration rules” means the immigration rules made under section 3(2) of the Immigration Act 1971(20), and

(e) “relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules.

Textual Amendments

F1 Words in reg. 16(6)(f) omitted (1.4.2023) by virtue of The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/38), regs. 1, 6(a)

F2 Word in reg. 16(6)(i) omitted (31.3.2022) by virtue of The Council Tax Reduction (Scotland) Amendment Regulations 2022 (S.S.I. 2022/52), regs. 1(2), 5(b)

F3 Reg. 16(6)(k)(l) inserted (31.3.2022) by The Council Tax Reduction (Scotland) Amendment Regulations 2022 (S.S.I. 2022/52), regs. 1(2), 5(c)

F4 Word in reg. 16(6)(k) omitted (1.4.2023) by virtue of The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/38), regs. 1, 6(b)

F5 Word in reg. 16(6)(l) substituted (1.4.2023) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/38), regs. 1, 6(c)

F6 Reg. 16(6)(m) and word inserted (1.4.2023) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/38), regs. 1, 6(d)

F7 Word in reg. 16(6)(l) omitted (17.5.2023 at 5.54 p.m.) by virtue of The Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (S.S.I. 2023/149), regs. 1(1), 9(2)(a)

F8 Words in reg. 16(6)(m)(ii) substituted (5.11.2023) by The Council Tax Reduction (Scotland) Amendment (No. 3) Regulations 2023 (S.S.I. 2023/268), regs. 1, 3(3)

F9 Reg. 16(6)(n) and word inserted (17.5.2023 at 5.54 p.m.) by The Social Security (Residence Requirements) (Sudan) (Scotland) Regulations 2023 (S.S.I. 2023/149), regs. 1(1), 9(2)(b)

F10 Word in reg. 16(6)(m) omitted (26.10.2023 at 5.38 p.m.) by virtue of The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(2), 9(2)(a)

F11 Reg. 16(6)(o) and word inserted (26.10.2023 at 5.38 p.m.) by The Social Security (Residence and Presence Requirements) (Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights and Lebanon) (Scotland) Regulations 2023 (S.S.I. 2023/309), regs. 1(2), 9(2)(b)

Commencement Information

I2 Reg. 16 in force at 1.4.2022, see reg. 1

Persons treated as being in Great Britain S

17.—(1) A person to whom paragraph (2) or (3) applies is to be treated as being in Great Britain, unless the person is to be treated as not in Great Britain under regulation 16.

(2) This paragraph applies to a person who is outside Great Britain in that person’s capacity as—

(a) an aircraft worker,

(b) a continental shelf worker who is in a designated area or a prescribed area,

(c) a Crown servant,

(d) a mariner, or

(e) a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006(21)).

(3) This paragraph applies to a person if—

(a) that person is a member of a couple and the other member of the couple is a person to whom paragraph (2) applies, and

(b) the person is outside Great Britain by reason only of the fact that the person is living with the other member of the couple.

(4) In this regulation—

(a) “aircraft worker” means a person who is employed under a contract of service as a pilot, commander, navigator or other member of the crew of any aircraft or in any other capacity on board any aircraft where—

(i) the employment in that other capacity is for the purposes of the aircraft or its crew or of any passengers or cargo or mail carried on that aircraft, and

(ii) the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the aircraft is in flight,

(b) “continental shelf worker” means a person who is employed, whether under a contract of service or not, in a designated area or a prescribed area in connection with any activity mentioned in section 11(2) of Petroleum Act 1998(22),

(c) “Crown servant” means a person employed by or under the Crown,

(d) “designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964(23) as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised,

(e) “mariner” means a person who is employed under a contract of service as a master or member of the crew of any ship or vessel or in any other capacity on board any ship or vessel where—

(i) the employment in that other capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel, and

(ii) the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage, and

(f) “prescribed area” means any area over which Norway or any member State of the European Union exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or that member State, or any other area which is from time to time specified under section 10(8) of the Petroleum Act 1998.

Commencement Information

I3 Reg. 17 in force at 1.4.2022, see reg. 1

Temporary absence from Great Britain S

18.—(1) For the purposes of determining whether a person is in Great Britain, a person’s temporary absence from Great Britain is disregarded—

(a) for the first month of the temporary absence if paragraph (2) applies, or

(b) for the first 6 months of the temporary absence if paragraph (3) applies.

(2) This paragraph applies where the person was entitled to council tax reduction immediately before the beginning of the period of temporary absence.

(3) This paragraph applies where—

(a) the person was entitled to council tax reduction immediately before the beginning of the period of temporary absence, and

(b) the absence is solely in connection with—

(i) the treatment of the person for an illness or physical or mental disability by, or under the supervision of, a person appropriately qualified to carry out that treatment,

(ii) the person accompanying a person described in paragraph (5) for the treatment of the person so described for an illness or physical or mental disability by, or under the supervision of, a person appropriately qualified to carry out that treatment, or

(iii) the person undergoing medically approved convalescence or care as a result of treatment for an illness or physical or mental disability, where the person had that illness or disability before leaving Great Britain.

(4) The period in paragraph (1)(a) may be extended by up to one month if—

(a) the temporary absence is in connection with the death of—

(i) a person described in paragraph (5), or

(ii) a close relative of the person or a close relative of a person described in paragraph (5), and

(b) the relevant authority is satisfied that it would be unreasonable to expect the person to return to Great Britain within the first month.

(5) A person described by this paragraph is—

(a) where the person is a member of a couple, the other member of the couple, or

(b) a child or young person for whom the person, or where the person is a member of a couple, the other member of the couple, is responsible.

(6) In this regulation “appropriately qualified” means qualified to provide medical treatment or physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.

Commencement Information

I4 Reg. 18 in force at 1.4.2022, see reg. 1

Persons not entitled to council tax reduction: persons subject to immigration control S

19.—(1) A person is not entitled to council tax reduction in respect of a day and a dwelling of which the person is a resident if the person is throughout that day a person subject to immigration control.

(2) In paragraph (1) “a person subject to immigration control” has the meaning given in section 115(9) of the Immigration and Asylum Act 1999(24), but does not include a person who is—

(a) a national of a state which has ratified the European Convention on Social and Medical Assistance (done in Paris on 11 December 1953) or a state which has ratified the Council of Europe Social Charter (signed in Turin on 18 October 1961), and

(b) lawfully present in the United Kingdom.

Commencement Information

I5 Reg. 19 in force at 1.4.2022, see reg. 1

Persons not entitled to council tax reduction: students S

20.—(1) Except to the extent that a student may be entitled to second adult rebate by virtue of regulation 13 (conditions of entitlement to council tax reduction), a student to whom paragraph (2) applies is not entitled to council tax reduction in respect of a day and a dwelling of which that student is resident.

(2) This paragraph applies—

(a) subject to paragraphs (3) and (7), to a full-time student, and

(b) to a student who is treated as not being in Great Britain in accordance with regulation 16 (persons not entitled to council tax reduction: persons treated as not being in Great Britain).

(3) Paragraph (2)(a) does not apply to a student—

(a) who is a person on a qualifying income-related benefit or who has an award of universal credit,

(b) who is a lone parent,

(c) whose applicable amount would, but for this regulation, include disability premium under paragraph 11 of schedule 1 or severe disability premium under paragraph 13 of that schedule,

(d) whose applicable amount would include the disability premium but for the student being treated as capable of work by virtue of a determination made in accordance with Regulations made under section 171E of the 1992 Act(25),

(e) who is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and Regulations made under, Part 12A of the 1992 Act (incapacity for work) for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 56 days is to be treated as one continuous period,

(f) who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations [F12 or the Employment and Support Allowance Regulations 2013] for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 84 days are to be treated as one continuous period,

(g) who has a partner who is also a full-time student, if the student or that partner is responsible for a child or young person,

(h) who is a single applicant with whom a child is placed by a local authority or voluntary organisation within the meaning of the Children Act 1989(26) [F13 under section 26(1)(a) of the Children (Scotland) Act 1995 or in respect of whom arrangements have been made by a local authority under section 26(1)(c) of that Act],

(i) who is—

(i) aged under 21 and whose course of study is not a course of higher education,

(ii) aged 21 and attained that age during a course of study which is not a course of higher education, or

(iii) a young person or child within the meaning of section 142 of the 1992 Act (child and qualifying young person)(27),

(j) in respect of whom [F14 , on account of the student’s disability by reason of deafness]—

(i) a supplementary requirement has been determined under paragraph 9 of Part 2 of schedule 2 of the Education (Mandatory Awards) Regulations 2003(28),

(ii) an allowance, or as the case may be, bursary has been granted which includes a sum under regulation 4(1)(d) of the Students’ Allowances (Scotland) Regulations 2007(29) in respect of expenses incurred,

(iii) a payment has been made under section 2 of the Education Act 1962(30) or under or by virtue of Regulations made under the Teaching and Higher Education Act 1998(31),

(iv) a grant has been made under regulation 38 of the Education (Student Support) Regulations 2011(32), regulation 25 of the Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) Regulations 2011(33) or regulation 5 of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009(34), or

(v) a supplementary requirement has been determined under paragraph 9 of schedule 6 of the Students Awards Regulations (Northern Ireland) 2003(35) or a payment has been made under article 50(3) of the Education and Libraries (Northern Ireland) Order 1986(36) F15 ....

(4) Where paragraph (3)(e) applies to a full-time student and the student ceases, for a period of 56 days or less, to be incapable or to be treated as incapable of work, on the student again becoming incapable or treated as incapable of work, paragraph (3)(e) applies for so long as the student remains incapable or is treated as remaining incapable of work.

(5) In paragraph 3(i)—

(a) head (ii) only applies to an applicant until the end of the course during which the applicant attained the age of 21, and

(b) a reference to a course of higher education is a reference to a course of any description mentioned in schedule 6 of the Education Reform Act 1988(37).

(6) A full-time student to whom paragraph (3)(j) applies, is to be treated as satisfying that sub-paragraph from the date on which the student made a request for the supplementary requirement, allowance, bursary or payment as the case may be.

(7) Paragraph (2) does not apply to a full-time student for the period specified in paragraph (8) if—

(a) at any time during an academic year, with the consent of the relevant educational establishment, the student ceases to attend or undertake a course of study because the student is—

(i) engaged in caring for another person, or

(ii) ill,

(b) the student has subsequently ceased to be engaged in caring for the person or, as the case may be, has subsequently recovered from that illness, and

(c) the student is not eligible for a grant or a student loan in respect of the period specified in paragraph (8).

(8) The period specified for the purposes of paragraph (7) is the period, not exceeding one year, beginning on the day on which the student ceased to be engaged in caring for the person or, as the case may be, the day on which the student recovered from that illness and ending on the day before the earliest of—

(a) the day on which the student resumes attending or undertaking the course of study, or

(b) the day from which the relevant educational establishment agrees that the student may resume attending or undertaking the course of study.

(9) In paragraph (7) “academic year” means the period of 12 months beginning on 1 January, 1 April, 1 July or 1 September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course is to be considered to begin in the autumn rather than the summer.

Textual Amendments

F12 Words in reg. 20(3)(f) inserted (31.3.2022) by The Council Tax Reduction (Scotland) Amendment Regulations 2022 (S.S.I. 2022/52), regs. 1(2), 6(a)

F13 Words in reg. 20(3)(h) substituted (31.3.2022) by The Council Tax Reduction (Scotland) Amendment Regulations 2022 (S.S.I. 2022/52), regs. 1(2), 6(b)

F14 Words in reg. 20(3)(j) inserted (1.4.2023) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/38), regs. 1, 7(a)

F15 Words in reg. 20(3)(j) omitted (1.4.2023) by virtue of The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/38), regs. 1, 7(b)

Commencement Information

I6 Reg. 20 in force at 1.4.2022, see reg. 1

(1)

2007 c.21.

(2)

1983 c.20.

(3)

1995 c.46.

(4)

2003 asp 13.

(5)

1989 c.45.

(6)

1952 c.52.

(7)

S.I. 2016/1052, which were revoked by paragraph 2(2) of schedule 1 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c.20), but are subject to saving provisions in S.I. 2020/1210 and S.I. 2020/1309. Regulation 13 was amended by S.I. 2018/801.

(8)

Regulation 14 was amended by S.I. 2018/801. There is an amendment to regulation 6(1) that is not relevant to this paragraph. Regulation 7 was amended by S.I. 2019/468 and S.I. 2019/1155.

(9)

Regulation 16 was amended by S.I. 2018/801 and S.I. 2019/468.

(10)

1971 c.77.

(11)

Regulation 6 was amended by S.I. 2018/801.

(12)

The definition of “EEA national” was substituted by S.I. 2018/801.

(13)

There was an amendment to regulation 15(4) by S.I 2018/801 that is relevant to this provision.

(14)

S.I. 2020/1213.

(15)

Cmnd 9171.

(16)

Cmnd 3906.

(17)

1999 c.33. Section 115(9) was amended by S.I. 2020/1309.

(18)

S.I. 2016/1052.

(19)

S.I. 2020/1309.

(20)

1971 c.77.

(21)

2006 c.52. Section 374 was relevantly amended by section 44 of the Defence Reform Act 2014 (c.20).

(22)

1998 c.17.

(23)

1964 c.29.

(24)

1999 c.33.

(25)

Section 171E was added by section 6 of the Social Security (Incapacity for Work) Act 1994 (c.18) and amended by paragraph 76 of schedule 7 of the Social Security Act 1998 (c.14).

(26)

1989 c.41.

(27)

Section 142 was substituted by section 1 of the Child Benefit Act 2005 (c.6).

(28)

S.I. 2003/1994. Paragraph 9 of schedule 2 was amended by S.I. 2008/1477.

(29)

2007/153.

(30)

1962 c.12. Section 2 was repealed by paragraph 1 of schedule 4 of the Teaching and Higher Education Act 1998 subject to transitional provisions and savings in S.I. 1998/3237.

(31)

1998 c.30.

(32)

S.I. 2011/1986. Regulation 38 was amended by S.I. 2012/1653, S.I. 2013/235, S.I. 2013/1728, S.I. 2014/2765, S.I. 2015/1951, S.I. 2016/270 and S.I. 2021/127.

(33)

S.I. 2011/886. Regulation 25 was revoked by regulation 3 of S.I. 2012/3097 subject to savings and transitional provisions in regulation 3 of S.I. 2012/3097.

(34)

S.R. 2009/373. Regulation 5 was amended by S.R. 2010/383, S.R. 2013/128, S.R. 2017/7, S.R. 2019/35 and S.R. 2021/50.

(35)

S.R. 2003/459. Paragraph 9 of schedule 6 was amended by S.R. 2008/254.

(36)

S.I. 1986/594 (N.I. 3).

(37)

1988 c.40.