The Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018

JurisdictionUK Non-devolved
CitationSI 2018/788

2018 No. 788

Social Security

Tax Credits

Childcare

Payment Scheme

The Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018

Made 28th June 2018

Laid before Parliament 29th June 2018

Coming into force 20th July 2018

The Treasury in exercise of the powers conferred by sections 146(3) and 175(1), (1A)(a), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 142(3) and 171(3), (4) and (10) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, now exercisable by them3, sections 3(7), 42 and 65(1), (3), (7) and (9) of the Tax Credits Act 20024and sections 8(2) and 69(2) and (4) of the Childcare Payments Act 20145make the following Regulations (apart from regulation 3) and the Commissioners for Her Majesty’s Revenue and Customs in exercise of the powers conferred by sections 5(1)(a) and (b) and 189(4) and (5) of the Social Security Administration Act 19926, sections 5(1)(a) and (b) and 165(1), (4), (5) and (11A) of the Social Security Administration (Northern Ireland) Act 19927, make regulations 1 and 3.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018 and come into force on 20th July 2018.

S-2 Amendment of the Child Benefit (General) Regulations 2006

Amendment of the Child Benefit (General) Regulations 2006

2.—(1) The Child Benefit (General) Regulations 20068are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation) after “remunerative work” insert—

““section 67 leave” means leave to remain in the United Kingdom granted by the Secretary of State to a person who has been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 20169.”.

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

“(n)

“(n) has been granted section 67 leave.”.

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

“(n)

“(n) has been granted section 67 leave.”.

S-3 Amendment of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003

Amendment of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003

3.—(1) The Child Benefit and Guardian’s Allowance (Administration) Regulations 200310are amended as follows.

(2) In regulation 6 (time within which claims are to be made)—

(a)

(a) after paragraph (2)(d) insert—

“(e)

“(e) a person who has been granted section 67 leave makes a claim for that benefit or allowance within three months of receiving notification from the Secretary of State of the grant of that leave.”,

(b)

(b) in paragraph (3) after “(2)(d)” insert “or (2)(e)”, and

(c)

(c) after paragraph (3) insert—

S-4

“4 In this regulation “section 67 leave” means leave to remain in the United Kingdom granted by the Secretary of State to a person who has been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016.”.

S-4 Amendment of the Tax Credits (Residence) Regulations 2003

Amendment of the Tax Credits (Residence) Regulations 2003

4.—(1) The Tax Credits (Residence) Regulations 200311are amended as follows.

(2) In regulation 3 (circumstances in which a person treated as not being in the United Kingdom)—

(a)

(a) after paragraph (7)(m) insert—

“(n)

“(n) has been granted section 67 leave.”, and

(b)

(b) after paragraph (9) insert—

S-10

“10 In this regulation “section 67 leave” means leave to remain in the United Kingdom granted by the Secretary of State to a person who has been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016.”.

S-5 Amendment of the Tax Credits (Immigration) Regulations 2003

Amendment of the Tax Credits (Immigration) Regulations 2003

5.—(1) The Tax Credits (Immigration) Regulations 200312are amended as follows.

(2) In regulation 3 (exclusion of persons subject to immigration control from entitlement to tax credits)—

(a)

(a) in paragraph (5)(a) after “refugee”, insert “or has been granted section 67 leave” and

(b)

(b) after paragraph (9) insert—

S-10

“10 In this regulation “section 67 leave” means leave to remain in the United Kingdom granted by the Secretary of State to a person who has been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016.”.

S-6 Amendment of the Childcare Payments (Eligibility) Regulations 2015

Amendment of the Childcare Payments (Eligibility) Regulations 2015

6.—(1) The Childcare...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT