The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013

Persons treated as not being in Great Britain E+W

28.—(1) The class of person described in this regulation consists of any person treated as not being in Great Britain.

(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 or Article 6 of Council Directive No.2004/38/EC(1);

(b) 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, or

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

(c) Article 45 of the Treaty on the Functioning of the European Union (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland); F1 ...

(d) regulation [F2 16] of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in paragraph [F3 (5)] of that regulation or 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 their rights as a European Union citizen)(2)F4 ... [F4 ; or]

[F5 (e) a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—

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

(ii) 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; or

(iii) article 3 (grant of leave to EEA and Swiss nationals) of the Immigration (European Economic Area Nationals) (EU Exit) Order 2019 made under section 3A of that Act.]

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

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

(b) a family member of a person referred to in sub-paragraph (a) within the meaning of regulation 7(1)(a), (b) or (c) of the EEA Regulations;

(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;

(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 adopted at Geneva on 28 July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees adopted at New York on 31 January 1967;

[F6 (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 where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom,

(ii) leave to remain under the Destitution Domestic Violence concession, F7 ...

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 [F8 ,] [F9 or

(iv) granted under the Afghan Citizens Resettlement Scheme;]]

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

(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(3) and who is in the United Kingdom as a result of the person’s deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;

F10 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) a person who is in receipt of income supportF12 ... or on an income-related employment and support allowance.

(k) a person who is treated as a worker for the purposes of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a Croatian who is an “accession State national subject to worker authorisation”)F13 ...[F14 ; F15 ...

(l) 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)(a) to (d) [F16 ;]]

[F17 (m) a person granted leave in accordance with the rules referred to in sub-paragraph (e), 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); or

(n) a person in Great Britain not coming within sub-paragraph (e)(iv) or (m) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021.]

(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 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” (“hawliad am loches”) has the same meaning as in section 94(1) of the Immigration and Asylum Act 1999(4);

“EEA Regulations” (“Rheoliadau AEE”) means the Immigration (European Economic Area) Regulations [F18 2016].

Textual Amendments

F1 Word in reg. 28(4)(c) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2020 (S.I. 2020/16), regs. 1(2), 6(a)(i)

F2 Word in reg. 28(4)(d) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2020 (S.I. 2020/16), regs. 1(2), 6(a)(ii)(aa)

F3 Word in reg. 28(4)(d) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2020 (S.I. 2020/16), regs. 1(2), 6(a)(ii)(bb)

F4 Word in reg. 28(4)(d) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2020 (S.I. 2020/16), regs. 1(2), 6(a)(ii)(cc)

F5 Reg. 28(4)(e) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2020 (S.I. 2020/16), regs. 1(2), 6(a)(iii)

F6 Reg. 28(5)(e) substituted (15.1.2014) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2014 (S.I. 2014/66), regs. 1, 5(a)

F7 Word in reg. 28(5)(e) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2022 (S.I. 2022/51), regs. 1(2), 3(2)(a)

F8 Reg. 28(5)(e)(iii): comma substituted for semicolon (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2022 (S.I. 2022/51), regs. 1(2), 3(2)(b)

F9 Reg. 28(5)(e)(iv) and word inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2022 (S.I. 2022/51), regs. 1(2), 3(2)(c)

F10 Reg. 28(5)(h) omitted (15.1.2014) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2014 (S.I. 2014/66), regs. 1, 5(b)

F11 Reg. 28(5)(i) omitted (15.1.2014) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2014 (S.I. 2014/66), regs. 1, 5(c)

F12 Words in reg. 28(5)(j) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2015 (S.I. 2015/44), regs. 1(2), 6(a) (with reg. 31)

F13 Reg. 28(5): full stop omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2015 (S.I. 2015/44), regs. 1(2), 6(b)(i) (with reg. 31)

F14 Reg. 28(5)(l) and word added (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2015 (S.I. 2015/44), regs. 1(2), 6(b)(ii) (with reg. 31)

F15 Word in reg. 28(5) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2022 (S.I. 2022/51), regs. 1(2), 3(3)

F16 Reg. 28(5)(l): semicolon substituted for comma (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2022 (S.I. 2022/51), regs. 1(2), 3(4)

F17 Reg. 28(5)(m)(n) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2022 (S.I. 2022/51), regs. 1(2), 3(5)

F18 Word in reg. 28(8) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2020 (S.I. 2020/16), regs. 1(2), 6(b)

Modifications etc. (not altering text)

C1 Reg. 28 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(u)

Commencement Information

I1 Reg. 28 in force at 28.11.2013, see reg. 1(2)

(1)

OJ No L 158, 30.4.04, p.77.

(2)

A consolidated version of this Treaty was published in the Official Journal on 30.3.2010 C 83.

(3)

1999 c.33.

(4)

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.