Amendment of the Child Benefit (General) Regulations 20062

1

The Child Benefit (General) Regulations 20065 are amended as follows.

2

In regulation 1(3) (citation, commencement and interpretation), in the appropriate place insert—

“relevant person of Northern Ireland” means a person who—

a

is—

i

a British citizen; or

ii

an Irish citizen; or

iii

a British citizen and an Irish citizen; and

b

was born in Northern Ireland and, at the time of that person’s birth, at least one of their parents was—

i

a British citizen; or

ii

an Irish citizen; or

iii

a British citizen and an Irish citizen; or

iv

otherwise entitled to reside in Northern Ireland without any restriction on their period of residence;

3

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

a

after paragraph (4A) insert—

4B

Paragraph (4)(c) does not apply to a person who—

a

has limited leave to enter, or remain in, the United Kingdom under the Immigration Act 19717 which has been granted by virtue of Appendix EU to the Immigration Rules8;

b

has been granted such leave in reliance of being a family member of a relevant person of Northern Ireland9 in accordance with those Rules; and

c

would have a right to reside under the Immigration (European Economic Area) Regulations 201610 if the relevant person of Northern Ireland were an EEA national within the meaning of regulation 2 of those Regulations.

b

in paragraph (7), for “In this regulation” substitute “For the purposes of paragraph (6)(e)”.

4

In regulation 27 (circumstances in which person treated as not being in Northern Ireland)11—

a

after paragraph (3A) insert—

3B

Paragraph (3)(c) does not apply to a person who—

a

has limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 which has been granted by virtue of Appendix EU to the Immigration Rules;

b

has been granted such leave in reliance of being a family member of a relevant person of Northern Ireland in accordance with those Rules; and

c

would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national within the meaning of regulation 2 of those Regulations.

b

in paragraph (6), for “In this regulation” substitute “For the purposes of paragraph (5)(e)”.