Regulation 2 Amendment of the Child Benefit (General) Regulations

After regulation 16A of the Child Benefit (General) Regulations (Northern Ireland) 1979^f1 (exception to Article 8(3) of the Order) there shall be inserted the following regulation—

“Prescribed conditions relating to persons subject to immigration control

16B

The prescribed conditions for the purposes of section 142A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (entitlement of person subject to immigration control to child benefit) are that a person subject to immigration control is—

(a)

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 done at Geneva on 28th July 1951^f2, as extended by Article I(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967^f3;

(b)

a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971^f4 to remain in the United Kingdom by the Secretary of State;

(c)

a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993^f5;

(d)

a person who is—

(i)

lawfully working in Northern Ireland and is a national of a State with which the European Community has concluded an Agreement under Article 238^f6 of the Treaty establishing the European Community^f7 providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or

(ii)

a member of the family of, and living with, such a person;

(e)

a person in respect of whom there is an Order in Council under section 155 of the Social Security Administration (Northern Ireland) Act 1992^f8 giving effect to a reciprocal agreement which, for the purposes of child benefit, has the effect that periods of presence or residence in another country are to be treated as periods of presence or residence in Northern Ireland.”.