2020 No. 1505
The Social Security, Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2020
Made
Laid before Parliament
Coming into force
The Treasury, in exercise of the powers conferred by sections 146(3), 147(1) and 175(3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 142(3), 143(1) and 171(3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, now exercisable by them3, section 115(3), (4) and (5) of the Immigration and Asylum Act 19994, and sections 3(7), 42, 65(1) (7) and (9) and 67 of the Tax Credits Act 20025 make regulation 1 but only to the extent that it relates to child benefit and child tax credit, regulation 2 to the extent that it relates to child benefit and regulations 3, 4, 5 and 6 and the Secretary of State, in exercise of the powers conferred by sections 115(3) and (4), 166(3) and 167 of the Immigration and Asylum Act 19996 and section 175(3) of the Social Security and Contributions and Benefits Act 19927 makes regulation 1 to the extent that it does not relate to child benefit and child tax credit and regulation 2 to the extent that it does not relate to child benefit.
Citation, commencement and effect1
1
These Regulations may be cited as the Social Security, Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2020 and come into force on 1st January 2021.
2
The substitution made by regulation 2(2)(a) does not have effect in relation to a claim for universal credit, or an award of universal credit without a claim8, made before 1st January 2021.
3
The amendments made by regulation 2(2)(b) and (3) and regulation 3 do not have effect in relation to claims made before 1st January 2021.
Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 20002
1
The Social Security (Immigration and Asylum) Consequential Amendments Regulations 20009 are amended as follows.
2
In regulation 2 (persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999)10—
a
in paragraph (1A), for “paragraphs 2, 3 and 4” substitute “paragraphs 2 and 3”, and
b
after paragraph (3) insert—
3A
For the purposes of entitlement to child benefit under the Contributions and Benefits Act11, a person who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an agreement under Article 217 of the Treaty on the Functioning of the European Union12 which makes provision for receipt of family allowances for members of their family who are legally resident in the United Kingdom, is a person to whom section 115 of the Act13 does not apply.
3
In Part II of the Schedule (persons not excluded under section 115 of the Immigration and Asylum Act 1999 from entitlement to certain benefits)14, in paragraph 2—
a
omit sub-paragraph (a), and
b
in sub-paragraph (b) for the words “an EU Agreement in sub-paragraph (a)” substitute “an agreement under Article 217 of the Treaty on the Functioning of the European Union”.
Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 20003
1
In so far as they relate to child benefit, the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 200015 are amended as follows.
2
In regulation 2 (persons not excluded from specified benefits under section 115 of the Act) after paragraph (3) insert—
3A
For the purposes of entitlement to child benefit under the Contributions and Benefits Act16, a person who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an agreement under Article 217 of the Treaty on the Functioning of the European Union which makes provision for receipt of family allowances for members of their family who are legally resident in the United Kingdom, is a person to whom section 115 of the Act17 does not apply.
3
In Part II of the Schedule (persons not excluded under section 115 of the Immigration and Asylum Act 1999 from entitlement to certain benefits)18, in paragraph 2—
a
omit sub-paragraph (a), and
b
in sub-paragraph (b) for the words “an EU Agreement in sub-paragraph (a)” substitute “an agreement under Article 217 of the Treaty on the Functioning of the European Union”.
Amendment of the Tax Credits (Immigration) Regulations 20034
1
The Tax Credits (Immigration) Regulations 200319 are amended as follows.
2
In regulation 3(1) (exclusion of person subject to immigration control from entitlement to tax credits) in Case 5 for the text after “he is” until the end of the Case substitute—
a person who is lawfully working in the United Kingdom and—
a
who—
i
made a claim before 1st January 2021; and
ii
is a national of a State with which the European Union had, before 1st January 2021, concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union providing in the field of social security for the equal treatment of workers who are nationals of the signatory State and their families; or
b
who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an agreement under Article 217 of the Treaty on the Functioning of the European Union which either—
i
makes provision in the field of social security for the equal treatment of workers who are nationals of the State with which the agreement has been concluded and their families, or
ii
makes provision for receipt of family allowances by members of a worker’s family who are legally resident in the United Kingdom.
Amendment of the Tax Credits (Residence) Regulations 20035
1
The Tax Credits (Residence) Regulations 200320 are amended as follows.
2
In regulation 3 (circumstances in which a person is treated as not being in the United Kingdom)21—
a
for paragraph (5A) substitute—
5A
Paragraph (5)(c) does not apply to a person who is lawfully working in the United Kingdom—
a
who—
i
made a claim for child tax credit before 1st January 2021, and
ii
is a national of a State with which the European Union had, before 1st January 2021, concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union providing in the field of social security for the equal treatment of workers who are nationals of the signatory State and their families; or
b
who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an EU Agreement which has ceased to apply in the United Kingdom.
b
after paragraph (12)22 insert—
13
In this regulation “EU Agreement” means—
a
an Association Agreement concluded under Article 217 of the Treaty on the Functioning of the European Union which makes provision in the field of social security for equal treatment for workers who are nationals of the State with which the agreement has been concluded and their families, or
b
a Stabilisation and Association Agreement concluded under Article 217 of the Treaty on the Functioning of the European Union which makes provision for receipt of family allowances for members of a worker’s family who are legally resident in the United Kingdom.
Amendment of the Child Benefit (General) Regulations 20066
1
The Child Benefit (General) Regulations 200623 are amended as follows.
2
In regulation 1 (citation, commencement and interpretation) in paragraph (3) at the appropriate place insert—
“EU Agreement” means—
- a
an Association Agreement concluded under Article 217 of the Treaty on the Functioning of the European Union which makes provision in the field of social security for equal treatment for workers who are nationals of the State with which the agreement has been concluded, or
- b
a Stabilisation and Association Agreement concluded under Article 217 of the Treaty on the Functioning of the European Union which makes provision for receipt of family allowances for members of a worker’s family who are legally resident in the United Kingdom;
3
In regulation 23 (circumstances in which person treated as not being in Great Britain)24, for paragraph (4A) substitute—
4A
Paragraph (4)(b) does not apply to a person who is lawfully working in Great Britain—
a
who—
i
made a claim for child benefit before 1st January 2021, and
i
is a national of a State with which the European Union had, before 1st January 2021, concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union providing in the field of social security for the equal treatment of workers who are nationals of the signatory State and their families; or
b
who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an EU Agreement which has ceased to apply in the United Kingdom.
4
In regulation 27 (circumstances in which person treated as not being in Northern Ireland)25, for paragraph (3A) substitute—
3A
Paragraph (3)(b) does not apply to a person who is lawfully working in Northern Ireland—
a
who—
i
made a claim for child benefit before 1st January 2021, and
ii
is a national of a State with which the European Union had, before 1st January 2021, concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union providing in the field of social security for the equal treatment of workers who are nationals of the signatory state and their families; or
b
who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an EU Agreement which has ceased to apply in the United Kingdom.
Signed by the authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)