Regulation 23 Circumstances in which person treated as not being in Great BritainC1

United Kingdom

(1)

A person shall be treated as not being in Great Britain for the purposes of section 146(2) M1 of SSCBA if he is not ordinarily resident in the United Kingdom.

(2)

F1Paragraph (1) does not apply to a Crown servant posted overseas or his partner.

(3)

A person who is in Great Britain as a result of his deportation, expulsion or other removal by compulsion of law from another country to Great Britain shall be treated as being ordinarily resident in the United Kingdom F2....

(4)

A person shall be treated as not being in Great Britain for the purposes of section 146(2) of SSCBA where he F3makes a claim for child benefit on or after 1st May 2004 F4 and

(a)

does not have a right to reside in the United Kingdom; F5...

F6(b)

has a right to reside by virtue of paragraph (1) of regulation 16 of the Immigration (European Economic Area) Regulations 2016, but only in a case where a right exists under that regulation because that person satisfies the criteria in paragraph (5) of that regulationF7; or

(c)

would fall within sub-paragraph (a) or (b) but for the fact that that person has limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 which has been granted by virtue of

F8(i)

Appendix EU to the immigration rules; or

(ii)

having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules.

F9(4A)

Paragraph (4)(b) does not apply to a person who is lawfully working in Great Britain—

(a)

who—

(i)

made a claim for child benefit before 1st January 2021, and

(i)

is a national of a State with which the European Union had, before 1st January 2021, concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union providing in the field of social security for the equal treatment of workers who are nationals of the signatory State and their families; or

(b)

who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an EU Agreement which has ceased to apply in the United Kingdom.

F10(4B)

Paragraph (4)(c) F11(i) 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.

F12(5)

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(6)

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(7)

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Annotations

Regulation 23 Circumstances in which person treated as not being in Great BritainC1

Annotations

Textual amendments

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