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Regulation 61 Amendment of the Tax Credits (Residence) Regulations 2003I1I2

United Kingdom

(1)

The Tax Credits (Residence) Regulations 2003 M1 are amended as follows.

(2)

In regulation 3 (circumstances in which a person is treated as not being in the United Kingdom) in paragraph (7)—

(a)

in sub-paragraph (e), for “or (i)” substitute “ , (i) or (o) ”;

(b)

for sub-paragraph (i) substitute—

“(i)

is not a national of an EEA State and would be a worker or self-employed person in the United Kingdom for the purposes of the Immigration (European Economic Area) Regulations 2016 if that person—

(i)

were a national of an EEA State; and

(ii)

a “member of the post-transition period group” within the meaning of paragraph 1 of Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions (EU Exit) Regulations 2020;”; and

(c)

after sub-paragraph (n), but before the full stop, insert—

“(o)

is a national of an EEA State and would satisfy the criteria in sub-paragraph (b) or (c) if they were a “member of the post-transition period group” within the meaning of paragraph 1 of Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions (EU Exit) Regulations 2020”;

(d)

after paragraph (11) insert—

“(12)

In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.”.

Annotations

Marginal citations

M1

S.I. 2003/654, relevant amending instruments are S.I. 2014/1511, 2018/788, 2019/364 and 2020/672.

Commencement

I1

Reg. 61 not in force at made date, see reg. 1

I2

Reg. 61 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)