Regulation 3 Exclusion of persons subject to immigration control from entitlement to tax credits

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, to be responsible for his maintenance and accommodation, and

has been resident in the United Kingdom for a period of at least 5 years commencing on or after the date of his entry into the United Kingdom, or the date on which the undertaking was given in respect of him, whichever is the later.

falls within the terms of paragraph (a) of Case 1, and

has been resident in the United Kingdom for less than the 5 years mentioned in paragraph (b) of Case 1,

a national of a state which has ratified the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953) M1 or of a state which has ratified the Council of Europe Social Charter (signed in Turin on 18th October 1961), and

lawfully present in the United Kingdom.

the claim is for child tax credit,

the award of child tax credit would be made on or after 6th April 2004, and

immediately before the award is made (and as part of the transition of claimants entitled to elements of income support and income-based jobseeker’s allowance, to child tax credit) the person is, or will on the making of a claim be, entitled to any of the amounts in relation to income support or income-based jobseeker’s allowance which are described in section 1(3)(d) of the Act.

who—

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 either—

the calculation of the amount of tax credit under the Act, the Child Tax Credit Regulations and the Working Tax Credit Regulations (including any second adult element or other element in respect of, or determined by reference to, that person),

the method of making (or proceeding with) a joint claim by the couple, and

the method of payment of the tax credit,

is notified that he has been recorded by the Secretary of State as a refugee F4or has been granted section 67 leave, and

claims tax credit within F5one month of receiving that notification,

on the date when he submitted his claim for asylum, and

on every 6th April (if any) intervening between the date in sub-paragraph (a) and the date of the claim referred to in paragraph (5)(b),

section 95 or 98 of the Immigration and Asylum Act 1999,

regulations made under Schedule 9 to that Act, by the Secretary of State in respect of essential living needs of the claimant and his dependants (if any), or

regulations made under paragraph 3 of Schedule 8 to that Act,