- Latest available (Revised)
- Original (As made)
The Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018
You are here:
- UK Statutory Instruments
- 2018 No. 788
- Explanatory Note
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
EXPLANATORY NOTE
(This note is not part of the Regulations)
Section 67 of the Immigration Act 2016 (c. 19) creates a new category of leave (“section 67 leave”) under which individuals may be relocated to the United Kingdom and permitted to remain in the United Kingdom. The Immigration Rules made under section 3(2) of the Immigration Act 1971 (c. 77) have been changed to provide for this section 67 leave. The new rules were presented to the House of Commons on 15th June 2018. These Regulations will give individuals who have been granted section 67 leave under that section access to Child Benefit, tax credits and the childcare payment scheme as is the case with individuals with Refugee status, providing that they meet the eligibility criteria in relation to these schemes or benefits.
Regulation 2 amends regulations 23 and 27 of the Child Benefit (General) Regulations 2006 (S.I. 2006/223), to exempt individuals who have been granted section 67 leave from having to meet the three month residence requirement in those Regulations.
Regulation 3 amends regulation 6 of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), to provide that where an individual claiming asylum is notified that he has been granted section 67 leave his claim for a benefit administered by HMRC is treated as having been made on the date that the claim for asylum was made. His claim for the benefit must be made within three months of being granted section 67 leave.
Regulation 4 amends regulation 3 of the Tax Credits (Residence) Regulations 2003 (S.I. 2003/654) to exempt individuals who have been granted section 67 leave from having to meet the three month residence requirement in those Regulations.
Regulation 5 amends regulation 3 of the Tax Credits (Immigration) Regulations 2003 (S.I. 2003/653) to give individuals who have been granted section 67 leave, access to benefits administered by HMRC.
Regulation 6 amends regulation 8 of the Childcare Payments (Eligibility) Regulations 2015 (S.I. 2015/448) to provide that individuals who have been granted section 67 leave are treated in the same way as refugees for the purposes of the childcare payments scheme.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThis Explanatory Note only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.