PART 3 U.K. Access to benefits and services

Amendment of the Child Benefit (General) Regulations 2006 U.K.

66.—(1) The Child Benefit (General) Regulations 2006 M1 are amended as follows.

(2) In regulation 1(citation, commencement and interpretation), after paragraph (3) insert—

“(3A) In these Regulations references to the Immigration (European Economic Area) Regulations 2016 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.”.

(3) In regulation 23 (circumstances in which person treated as not being in Great Britain) in paragraph (6)—

(a) in sub-paragraph (e), for “or (i)” substitute “ , (i) or (o) ”;

(b) for sub-paragraph (i) substitute—

“(i) is not a national of an EEA State and would be a worker or self-employed person in the United Kingdom for the purposes of the Immigration (European Economic Area) Regulations 2016 if that person—

(i) were a national of an EEA State; and

(ii) a “member of the post-transition period group” within the meaning of paragraph 1 of Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions (EU Exit) Regulations 2020;”;

(c) after sub-paragraph (n), but before the full stop, insert—

“(o) is a national of an EEA State and would satisfy the criteria in sub-paragraph (b) or (c) if they were a “member of the post-transition period group” within the meaning of paragraph 1 of Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions (EU Exit) Regulations 2020”.

(4) In regulation 27 (circumstances in which person treated as not being in Northern Ireland) in paragraph (5)—

(a) in sub-paragraph (e), for “or (i)” substitute “ , (i) or (o) ”;

(b) for sub-paragraph (i) substitute—

“(i) is not a national of an EEA State and would be a worker or self-employed person in the United Kingdom for the purposes of the Immigration (European Economic Area) Regulations 2016 if that person—

(i) were a national of an EEA State; and

(ii) a “member of the post-transition period group” within the meaning of fell within paragraph 1 of Schedule 4 to the Immigration and Social Security Co-Ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions (EU Exit) Regulations 2020;”; and

(c) after sub-paragraph (n), but before the full stop, insert—

“(o) is a national of an EEA State and would satisfy the criteria in sub-paragraphs (b) or (c) if they were a “member of the post-transition period group” within the meaning of paragraph 1 of Schedule 4 to the Immigration and Social Security Co-Ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions (EU Exit) Regulations 2020”.

Commencement Information

I1 Reg. 66 not in force at made date, see reg. 1

I2 Reg. 66 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M1 S.I. 2006/223, relevant amending instruments are S.I. 2014/1511, 2018/788, 2019/364 and 2020/672.