Regulation 3 Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000

(1)

In so far as they relate to child benefit, the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000^f1 are amended as follows.

(2)

In regulation 2 (persons not excluded from specified benefits under section 115 of the Act) after paragraph (3) insert—

“(3A)

For the purposes of entitlement to child benefit under the Contributions and Benefits Act^f2, a person who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an agreement under Article 217 of the Treaty on the Functioning of the European Union which makes provision for receipt of family allowances for members of their family who are legally resident in the United Kingdom, is a person to whom section 115 of the Act^f3 does not apply.”.

(3)

In Part II of the Schedule (persons not excluded under section 115 of the Immigration and Asylum Act 1999 from entitlement to certain benefits)^f4, in paragraph 2—

(a)

omit sub-paragraph (a), and

(b)

in sub-paragraph (b) for the words “an EU Agreement in sub-paragraph (a)” substitute “an agreement under Article 217 of the Treaty on the Functioning of the European Union”.

Annotations

Footnotes

f1: S.R. 2000 No.71 (“the Northern Ireland principal Regulations”). Relevant amending instruments are S.R. 2002 No. 323, S.R. 2016 No. 228, S.R. 2019 No. 213 and S.I. 2020/1431 (which comes into force on IP completion day). This instrument amends S.R. 2000 No. 71 in relation to child benefit. It is intended that a separate amending instrument will make identical amendments as those in regulation 3(3) in relation to attendance allowance, severe disablement allowance, carer’s allowance, disability living allowance, personal independence payment and a social fund payment.
f2: “The Contributions and Benefits” Act is defined in regulation 1 of the Northern Ireland principal Regulations as meaning the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
f3: “The Act” is defined in regulation 1 of the Northern Ireland principal Regulations as meaning the Immigration and Asylum Act 1999.
f4: Part II has been relevantly amended by paragraphs 1 and 2 of Schedule 2 to S.I. 2002/2497, articles 4 and 5 of S.I. 2011/1043, paragraph 23(4) in Part 2 of the Schedule to S.I. 2013/388 and regulation 2 of S.I. 2019/1431 (which comes into force on IP completion day). Paragraph 2 is substituted by regulation 2 of S.I. 2019/1431.