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Version Superseded: 01/07/2014
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There are currently no known outstanding effects for the The Child Benefit (General) Regulations 2006, Section 23.
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23.—(1) A person shall be treated as not being in Great Britain for the purposes of section 146(2) M1 of SSCBA if he is not ordinarily resident in the United Kingdom.
(2) Paragraph (1) does not apply to a Crown servant posted overseas or his partner.
(3) A person who is in Great Britain as a result of his deportation, expulsion or other removal by compulsion of law from another country to Great Britain shall be treated as being ordinarily resident in the United Kingdom.
(4) A person shall be treated as not being in Great Britain for the purposes of section 146(2) of SSCBA where he [F1makes a claim for child benefit on or after 1st May 2004] [F2 and
(a)does not have a right to reside in the United Kingdom; or
(b)has a right to reside in the United Kingdom by virtue of—
(i)regulation 15A(1) of the Immigration (European Economic Area) Regulations 2006, but only in a case where the right exists under that regulation because the person satisfies the criteria in regulation 15A(4A) of those Regulations; or
(ii)Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).]
Textual Amendments
F1Words in reg. 23(4) inserted (16.8.2007) by The Child Benefit (General) (Amendment) Regulations 2007 (S.I. 2007/2150), regs. 1, 8
F2Words in reg. 23(4) substituted (8.11.2012) by The Child Benefit and Child Tax Credit (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/2612), regs. 1, 3
Marginal Citations
M1Section 146 of the Social Security Contributions and Benefits Act 1992 (c. 4) was substituted by section 56 of the Tax Credits Act 2002 (c. 21).
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