The Child Benefit and Child Tax Credit (Miscellaneous Amendments) Regulations 2012

• Citation: S.I. 2012/2612
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Child Benefit and Child Tax Credit (Miscellaneous Amendments) Regulations 2012 and shall come into force on 8th November 2012.

Section 2 Amendment of the Child Benefit (General) Regulations 2006

The Child Benefit (General) Regulations 2006 are amended as follows.

Section 3 Amendment of the Child Benefit (General) Regulations 2006

In regulation 23(4) (circumstances in which person treated as not being in Great Britain), for “and does not have a right to reside in the United Kingdom” substitute—

and

(a) does not have a right to reside in the United Kingdom; or

(b) has a right to reside in the United Kingdom by virtue of—

(i) regulation 15A(1) of the Immigration (European Economic Area) Regulations 2006 , but only in a case where the right exists under that regulation because the person satisfies the criteria in regulation 15A(4A) of those Regulations; or

(ii) 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 the substance of their rights as a European Union citizen).

Section 4 Amendment of the Child Benefit (General) Regulations 2006

In regulation 27(3) (circumstances in which person treated as not being in Northern Ireland), for “and does not have a right to reside in the United Kingdom” substitute—

and

(a) does not have a right to reside in the United Kingdom; or

(b) has a right to reside in the United Kingdom by virtue of—

(i) regulation 15A(1) of the Immigration (European Economic Area) Regulations 2006, but only in a case where the right exists under that regulation because the person satisfies the criteria in regulation 15A(4A) of those Regulations; or

(ii) 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 the substance of their rights as a European Union citizen).

Section 5 Amendment of the Tax Credits (Residence) Regulations 2003

The Tax Credits (Residence) Regulations 2003 are amended as follows.

Section 6 Amendment of the Tax Credits (Residence) Regulations 2003

In regulation 3(5) (circumstances in which a person is treated as not being in the United Kingdom), for paragraph (b) substitute—

(b)

(i) does not have a right to reside in the United Kingdom; or

(ii) has a right to reside in the United Kingdom under:

regulation 15A(1) of the Immigration (European Economic Area) Regulations 2006, but only in a case where the right exists under that regulation because the person satisfies the criteria in regulation 15A(4A) of those Regulations; 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 the substance of their rights as a European Union citizen).