Paragraph 19 Class of person excluded from this scheme: persons treated as not being in Great BritainC1

(1)

The class of person described in this paragraph consists of any person treated as not being in Great Britain.

(2)

Except where a person falls within sub-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 sub-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^f1;

(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 F216 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)^f2 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 sub-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 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 28th 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 F7Migrant Victims of Domestic Abuse concession, F8...

(iii)

leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 F9, F10or

(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^f3 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;

F11(h)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(j)

in receipt of income support, an income-related employment and support allowance or universal credit;

F14(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”)F15...F16; F17...

(l)

in receipt of an income-based jobseeker’s allowance and has a right to reside other than a right to reside falling within sub-paragraph (4)(a) to (d) F18;

F19(m)

a person granted leave in accordance with the rules referred to in 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);F20...

(n)

a person in Great Britain not coming within paragraph (e)(iv) or (m) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021 F21; F22...

F23(o)

a person in Great Britain who was residing in Ukraine immediately before 1 January 2022, left Ukraine in connection with the Russian invasion which took place on 24 February 2022 and—

(i)

has been granted leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or

(ii)

has a right of abode in the United Kingdom within the meaning given in section 2 of that Act;

F24(p)

a person in Great Britain who was residing in Sudan before 15 April 2023, left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan and—

(i)

has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii)

has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii)

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act; F25...

(q)

a person in Great Britain who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack and—

(i)

has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii)

has a right of abode in the United Kingdom within the meaning of section 2 of that Act, or

(iii)

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

F26(r)

a person who—

(i)

was residing in Israel, the West Bank, the Gaza Strip or East Jerusalem on or before 23 June 2025,

(ii)

left Israel, the West Bank, the Gaza Strip or East Jerusalem in connection with the conflict between Israel and Iran which escalated in June 2025,

(iii)

arrived in Great Britain on or before 23 December 2025, and

(iv)

satisfies one of the following criteria—

(aa)

has been granted leave to enter or remain in the United Kingdom under or outside the rules made under section 3(2) of the Immigration Act 1971,

(bb)

has a right of abode in the United Kingdom within the meaning of section 2 of that Act, or

(cc)

in accordance with section 3ZA of that Act, does not require leave to enter or remain in the United Kingdom;

(s)

a person who (but see sub-paragraph (5A))—

(i)

was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—

(aa)

provided public information to advise British nationals to leave that country or territory, or

(bb)

arranged the evacuation of British nationals from that country or territory,

(ii)

has left that country or territory and is present in Great Britain, and

(iii)

has—

(aa)

a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

(bb)

no requirement of leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(cc)

leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or

(dd)

leave on a discretionary basis outside of rules made under section 3(2) of that Act;

(t)

a person who, as part of a safe and legal humanitarian immigration route, has leave to enter the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside those rules.

F27(5A)

Paragraph (s) of sub-paragraph (5) does not apply after the expiry of 6 months beginning with the day on which the public information is issued, or the evacuation is started.

(6)

A person falls within this sub-paragraph if the person is a Crown servant or member of Her Majesty’s forces posted overseas.

(7)

A person mentioned in sub-paragraph (6) is posted overseas if the person is performing oversees 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 paragraph—

“claim for asylum” (“hawliad am loches”) has the same meaning as in section 94(1) of the Immigration and Asylum Act 1999^f4;
“EEA Regulations” (“Rheoliadau AEE”) means the Immigration (European Economic Area) Regulations F282016.

Annotations

Textual amendments

F1: Word in Sch. Scheme para. 19(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), 15(a)(i)
F2: Word in Sch. Scheme para. 19(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), 15(a)(ii)(aa)
F3: Word in Sch. Scheme para. 19(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), 15(a)(ii)(bb)
F4: Word in Sch. Scheme para. 19(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), 15(a)(ii)(cc)
F5: Sch. Scheme para. 19(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), 15(b)
F6: Sch. Scheme para. 19(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, 16(a)
F7: Words in Sch. Scheme para. 19(5)(e)(ii) 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) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/59), regs. 1(2), 14(a)
F8: Word in Sch. Scheme para. 19(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), 12(2)(a)
F9: Sch. Scheme para. 19(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), 12(2)(b)
F10: Sch. Scheme para. 19(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), 12(2)(c)
F11: Sch. Scheme para. 19(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, 16(b)
F12: Sch. Scheme para. 19(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, 16(c)
F13: Sch. Scheme para. 19(5)(j) substituted (in relation to a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/13), regs. 1(2)(3), 17(1)(a)
F14: Sch. Scheme para. 19(5)(k) inserted (15.1.2014) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2014 (S.I. 2014/66), regs. 1, 16(d)
F15: Sch. Scheme para. 19(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), 17(b)(i) (with reg. 31)
F16: Sch. Scheme para. 19(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), 17(b)(ii) (with reg. 31)
F17: Word in Sch. Scheme para. 19(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), 12(3)
F18: Sch. Scheme para. 19(5)(l): semicolon substituted for full stop (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), 12(4)
F19: Sch. Scheme para. 19(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), 12(5)
F20: Word in Sch. Scheme para. 19(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 2023 (S.I. 2023/47), regs. 1(2), 12(2)
F21: Word in Sch. Scheme para. 19(5)(n) 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 2023 (S.I. 2023/47), regs. 1(2), 12(3)
F22: Word in Sch. Scheme para. 19(5)(n) 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) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/59), regs. 1(2), 14(b)
F23: Sch. Scheme para. 19(5)(o) 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 2023 (S.I. 2023/47), regs. 1(2), 12(4)
F24: Sch. Scheme para. 19(5)(p)(q) 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) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/59), regs. 1(2), 14(c)
F25: Word in Sch. Scheme para. 19(5) omitted (in relation to a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/13), regs. 1(2)(3), 17(1)(b)
F26: Sch. Scheme para. 19(5)(r)-(t) inserted (in relation to a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/13), regs. 1(2)(3), 17(1)(c)
F27: Sch. Scheme para. 19(5A) inserted (in relation to a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/13), regs. 1(2)(3), 17(2)
F28: Word in Sch. Scheme para. 19(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), 15(c)

Modifications

C1: Sch. Scheme para. 19 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(v)

Footnotes

f1: OJ No. L 158, 30.4.04, p.77.
f2: A consolidated version of this Treaty was published in the Official Journal on 30.3.2010 C 83.
f3: 1999 c.33.
f4: 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.

Notes on Schedule

Commencement

I1: Sch. in force at 28.11.2013, see reg. 1(2)