Regulation 5 Circumstances in which a person is treated as being or as not being in Great BritainI1
England, Wales and Scotland
A person shall be treated as being in Great Britain if, on the date of claim—
he is present and ordinarily resident in Great Britain; and
subject to paragraph (1A), F2he is not a person subject to immigration control (within the meaning of section 115 of the Immigration and Asylum Act 1999); and
his partner, if he has one, is ordinarily resident in the United Kingdom; and
his earnings derive at least in part from remunerative work in the United Kingdom; and
his earnings do not wholly derive from remunerative work outside the United Kingdom nor do the earnings of his partner, if he has one.
For the purposes of paragraph (1)(aa), a F4person is not subject to immigration control if—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
he is 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; or
he is a person who is—
lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or
a member of the family of, and living with, such a person F6or
he is a person who—
has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon the undertaking of another person, or persons, pursuant to the immigration rules within the meaning of the Immigration Act 1971, to be responsible for his maintenance and accommodation, and
has been resident in the United Kingdom for a period of at least 5 years beginning with his date of entry into the United Kingdom, or the date on which the undertaking was given in respect of him, whichever is the later, or
he is a person who—
has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon the undertaking of another person, or persons, pursuant to the immigration rules mentioned in sub-paragraph (e) above, to be responsible for his maintenance and accommodation, and
has been resident in the United Kingdom for less than 5 years beginning with his date of entry into the United Kingdom, or the date on which the undertaking was given in respect of him, whichever is the later, but the person giving the undertaking has died or, where the undertaking was given by more than one person, they have all died.
Annotations
Textual amendments
- F1
Reg. 5(1)(aa) inserted (5.2.1996) by The Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996 (S.I. 1996/30), regs. 1(1), 5(a) (with reg. 12)
- F2
Words in reg. 5(1)(aa) substituted (with effect in accordance with reg. 1(1) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/795), regs. 1(1), 3(a)
- F3
Reg. 5(1A) inserted (5.2.1996) by The Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996 (S.I. 1996/30), regs. 1(1), 5(b) (with reg. 12)
- F4
Words in reg. 5(1A) substituted (with effect in accordance with reg. 1(1) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/795), regs. 1(1), 3(b)(i)
- F5
Reg. 5(1A)(a)(b) omitted (with effect in accordance with reg. 1(1) of the amending S.I.) by virtue of The Tax Credits Schemes (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/795), regs. 1(1), 3(b)(ii)
- F6
Reg. 5(1A)(e)(f) and word added (with effect in accordance with reg. 3(3) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 4) Regulations 2000 (S.I. 2000/2978), regs. 1(1), 3(1)(2)
- F7
Words in reg. 5(2) substituted (5.10.1999) by The Tax Credits Schemes (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/2487), regs. 1(1), 26(2), Sch. 2 para. 2(iii)
- F8
Words in reg. 5(2) substituted (5.10.1999) by The Tax Credits Schemes (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/2487), regs. 1(1), 26(1), Sch. 1 para. 2(i)