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).”.
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.