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The Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018

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Citation and commencement

1.  These Regulations may be cited as the Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018 and come into force on 20th July 2018.

Amendment of the Child Benefit (General) Regulations 2006

2.—(1) The Child Benefit (General) Regulations 2006(1) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation) after “remunerative work” insert—

“section 67 leave” means leave to remain in the United Kingdom granted by the Secretary of State to a person who has been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016(2)..

(3) In regulation 23 (circumstances in which person treated as not being in Great Britain) after paragraph (6)(m) insert—

(n)has been granted section 67 leave..

(4) In regulation 27 (circumstances in which person treated as not being in Northern Ireland) after paragraph (5)(m) insert—

(n)has been granted section 67 leave..

Amendment of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003

3.—(1) The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003(3) are amended as follows.

(2) In regulation 6 (time within which claims are to be made)—

(a)after paragraph (2)(d) insert—

(e)a person who has been granted section 67 leave makes a claim for that benefit or allowance within three months of receiving notification from the Secretary of State of the grant of that leave.,

(b)in paragraph (3) after “(2)(d)” insert “or (2)(e)”, and

(c)after paragraph (3) insert—

(4) In this regulation “section 67 leave” means leave to remain in the United Kingdom granted by the Secretary of State to a person who has been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016..

Amendment of the Tax Credits (Residence) Regulations 2003

4.—(1) The Tax Credits (Residence) Regulations 2003(4) are amended as follows.

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

(a)after paragraph (7)(m) insert—

(n)has been granted section 67 leave., and

(b)after paragraph (9) insert—

(10) In this regulation “section 67 leave” means leave to remain in the United Kingdom granted by the Secretary of State to a person who has been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016..

Amendment of the Tax Credits (Immigration) Regulations 2003

5.—(1) The Tax Credits (Immigration) Regulations 2003(5) are amended as follows.

(2) In regulation 3 (exclusion of persons subject to immigration control from entitlement to tax credits)—

(a)in paragraph (5)(a) after “refugee”, insert “or has been granted section 67 leave” and

(b)after paragraph (9) insert—

(10) In this regulation “section 67 leave” means leave to remain in the United Kingdom granted by the Secretary of State to a person who has been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016..

Amendment of the Childcare Payments (Eligibility) Regulations 2015

6.—(1) The Childcare Payments (Eligibility) Regulations 2015(6) are amended as follows.

(2) In regulation 8 (persons treated as being, or not being, in the United Kingdom)—

(a)insert “(1)” after “8” and before “The”,

(b)at the end of sub-paragraph (c) omit “or”, and

(c)at the end of sub-paragraph (d) but before the full stop insert—

; or

(e) a person who has been granted section 67 leave.

(2) In this regulation “section 67 leave” means leave to remain in the United Kingdom granted by the Secretary of State to a person who has been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016..

Jim Harra

Justin Holliday

Two of the Commissioners for Her Majesty’s Revenue and Customs

Craig Whittaker

Rebecca Harris

Two of the Lords Commissioners of Her Majesty’s Treasury

28th June 2018

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