The Child Benefit and Child Tax Credit (Miscellaneous Amendments) Regulations 2012 No. 2612

Amendment of the Child Benefit (General) Regulations 2006

3.  In regulation 23(4) (circumstances in which person treated as not being in Great Britain), for “and does not have a right to reside in the United Kingdom” substitute—

“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(1), 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).”.

(1)

S.I. 2006/1003; regulation 15A(1) was inserted by S.I. 2012/1547 and regulation 15A(4A) was inserted by S.I. 2012/2560.