The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012

Persons treated as not being in Great Britain E+W

12.—(1) Persons treated as not being in Great Britain are a class of person prescribed for the purposes of paragraph 2(9)(b) of Schedule 1A to the 1992 Act and which must not be included in an authority’s scheme.

(2) Except where a person falls within paragraph (5) or (6), a person is to be treated as not being in Great Britain if the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

(3) A person must not 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(1) F1 ... ;

[F2 (aa) regulation 14 of the EEA Regulations, but only in a case 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 those Regulations,

(ii) a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;

F3 (ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b) regulation [F4 16] of the EEA Regulations(2), but only in a case where the right exists under that regulation because the applicant satisfies the criteria in paragraph [F5 (5)] of that regulation F6 ....

[F7 (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 by virtue of—

F8 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Appendix EU to the immigration rules made under section 3(2) of that Act; F9 ...

(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] [F10 ; or

(d) having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.]

[F11 (4B) Paragraph (4A)(b) does not apply to a person who—

(a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and

(b) 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 (b).]

(5) A person falls within this paragraph if the person is—

[F12 (za) a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, 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);

(zb) a person in Great Britain not coming within sub-paragraph (za) or [F13 (e)] who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;]

[F14 (zc) a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;]

(a) a qualified person for the purposes of regulation 6 of the EEA Regulations(3) as a worker or a self-employed person;

(b) a family member of a person referred to in sub-paragraph (a) F15 ...;

(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;

[F16 (ca) a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (4A)(b), provided that the relevant person of Northern Ireland falls within paragraph (5)(a), or would do so but for the fact that they are not an EEA national;

(cb) a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020;

(cc) a family member of a person referred to in sub-paragraph (cb), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;]

(d) a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

[F17 (e) a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971 F18 ...

(f) a person who has humanitarian protection granted under those rules; F19 ...

(g) a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999(4) and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;

[F20 (h) in receipt of income support F21 ... or on an income-related employment and support allowance; F22 ... [F23 or]

[F24 (ha) in receipt of an income-based jobseeker’s allowance and has a right to reside other than a right to reside falling within paragraph (4); F25 ...]

F26 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(6) A person falls within this paragraph if the person is a Crown servant or member of Her Majesty’s forces posted overseas.

(7) A person mentioned in sub-paragraph (6) is posted overseas if the person is performing overseas the duties of a Crown servant or member of Her Majesty’s forces and was, immediately before the posting or the first of consecutive postings, habitually resident in the United Kingdom.

(8) In this regulation—

“claim for asylum” has the same meaning as in section 94(1) of the Immigration and Asylum Act 1999(5);

“Crown servant” means a person holding an office or employment under the Crown;

[F27 “EEA national” has the meaning given in regulation 2(1) of the EEA Regulations;]

“EEA Regulations” means the Immigration (European Economic Area) Regulations [F28 2016] [F29 and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020]; and

[F27 “family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the EEA Regulations, except that regulation 7(4) of the EEA Regulations does not apply for the purposes of paragraphs (4B) and (5)(ca);]

[F27 “relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.]

“Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006.]

Textual Amendments

F1 Words in reg. 12(4)(a) omitted (11.2.2020 with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 (S.I. 2020/23), regs. 1(1), 6(a)(i)

F2 Reg. 12(4)(aa)(ab) inserted (13.1.2014 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013 (S.I. 2013/3181), regs. 1(1), 2(5)(a)

F3 Reg. 12(4)(ab) omitted (11.2.2020 with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 (S.I. 2020/23), regs. 1(1), 6(a)(ii)

F4 Word in reg. 12(4)(b) substituted (11.2.2020 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 (S.I. 2020/23), regs. 1(1), 6(a)(iii)(aa)

F5 Word in reg. 12(4)(b) substituted (11.2.2020 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 (S.I. 2020/23), regs. 1(1), 6(a)(iii)(bb)

F6 Words in reg. 12(4)(b) omitted (11.2.2020 with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 (S.I. 2020/23), regs. 1(1), 6(a)(iii)(cc)

F7 Reg. 12(4A) inserted (11.2.2020 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 (S.I. 2020/23), regs. 1(1), 6(b)

F8 Reg. 12(4A)(a) omitted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 5(a)(i)

F9 Word in reg. 12(4A)(b) omitted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 5(a)(ii)

F10 Reg. 12(4A)(d) and word inserted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 5(a)(iii)

F11 Reg. 12(4B) inserted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 5(b)

F12 Reg. 12(5)(za)(zb) inserted (11.2.2022 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2022 (S.I. 2022/25), regs. 1(1), 4(2)

F13 Word in reg. 12(5)(zb) substituted (10.2.2023 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2023 (S.I. 2023/16), regs. 1(1), 4(a)

F14 Reg. 12(5)(zc) inserted (10.2.2023 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2023 (S.I. 2023/16), regs. 1(1), 4(b)

F15 Words in reg. 12(5)(b) omitted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 5(c)

F16 Reg. 12(5)(ca)-(cc) inserted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 5(d)

F17 Reg. 12(5)(e) substituted (13.1.2014 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013 (S.I. 2013/3181), regs. 1(1), 2(5)(b)(i)

F18 Words in reg. 12(5)(e) omitted (10.2.2023 with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2023 (S.I. 2023/16), regs. 1(1), 4(c)

F19 Word in reg. 12(5) omitted (13.1.2014 with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013 (S.I. 2013/3181), regs. 1(1), 2(5)(b)(ii)

F20 Reg. 12(5)(h)(i) inserted (13.1.2014 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013 (S.I. 2013/3181), regs. 1(1), 2(5)(b)(iii)

F21 Words in reg. 12(5)(h) omitted (with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3312), regs. 1(1), 2(4)(a) (with reg. 3)

F22 Word in reg. 12(5) omitted (with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3312), regs. 1(1), 2(4)(b) (with reg. 3)

F23 Word in reg. 12(5)(h) inserted (11.2.2020 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 (S.I. 2020/23), regs. 1(1), 6(c)(i)

F24 Reg. 12(5)(ha) added (with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3312), regs. 1(1), 2(4)(c) (with reg. 3)

F25 Word in reg. 12(5)(ha) omitted (11.2.2020 with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 (S.I. 2020/23), regs. 1(1), 6(c)(ii)

F26 Reg. 12(5)(i) omitted (11.2.2020 with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 (S.I. 2020/23), regs. 1(1), 6(c)(iii)

F27 Words in reg. 12(8) inserted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 5(e)(i)

F28 Word in reg. 12(8) substituted (11.2.2020 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 (S.I. 2020/23), regs. 1(1), 6(d)

F29 Words in reg. 12(8) inserted (11.2.2021 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 (S.I. 2021/29), regs. 1(1), 5(e)(ii)

Modifications etc. (not altering text)

C1 Reg. 12 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(3), 4(4), 11(q)

Commencement Information

I1 Reg. 12 in force at 27.11.2012, see reg. 1(1)

(1)

S.I. 2006/1003; regulation 13 was amended by regulation 3 of, and paragraph 6 of Schedule 1 to, S.I. 2012/1547.

(2)

Regulation 15A was inserted by regulation 3 of, and paragraph 9 of Schedule 1 to, S.I. 2012/1547; paragraph (4A) was inserted by regulation 2 of, and paragraph 3 of the Schedule to, S.I. 2012/2560.

(3)

Regulation 6(2) was amended by regulation 5 of, and paragraph 3 of Schedule 2 to, S.I. 2011/544.

(4)

1999 c. 33.

(5)

Relevant amendments to section 94(1) have been made by section 44 of the Nationality, Immigration and Asylum Act 2002 (c. 41) but those provisions are not in force. Other amendments have been made but they are not relevant to these Regulations.