The Social Security, Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend social security and tax credits legislation to reflect the United Kingdom’s transition to trade and partnership agreements, which replace association agreements concluded with third countries under Article 217 of the Treaty on the Functioning of the European Union, as a consequence of the United Kingdom’s exit from the European Union.

These Regulations amend the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636) (“the Great Britain Social Security Regulations”), the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 (S.R. 2000 No. 71) (“the Northern Ireland Social Security Regulations”), the Tax Credits (Immigration) Regulations 2003 (S.I. 2003/653) (“the Immigration Regulations”), the Tax Credits (Residence) Regulations 2003 (S.I. 2003/654) (“the Residence Regulations”), and the Child Benefit (General) Regulations 2006 (S.I. 2006/223) (“the Child Benefit Regulations”).

Regulation 2 amends Part II of the Schedule to the Great Britain Social Security Regulations so that a person who is lawfully working in Great Britain and who is a national of a State with which the United Kingdom has concluded an agreement which replaces an EU Agreement providing for equal treatment in the field of social security, and where that EU Agreement has ceased to apply in whole or in part to, and in, the United Kingdom, is not treated as a person subject to immigration control for the purposes of the benefits specified in regulation 2(2) of the Great Britain Social Security Regulations. “EU Agreement” is defined as an agreement concluded by the European Union under Article 217 of the Treaty on the Functioning of the European Union.

Regulation 3 makes an equivalent amendment to the Northern Ireland Social Security Regulations in so far as those Regulations relate to child benefit. Regulation 4 makes an equivalent amendment to the Immigration Regulations.

Regulation 5 amends regulation 3 of the Residence Regulations so that paragraph (5)(b)(ii) of that regulation does not apply to a person who is lawfully working in the United Kingdom and who is a national of a state with which the United Kingdom has concluded an agreement which replaces an EU Agreement providing for equal treatment in the field of social security, and where that EU Agreement has ceased to apply in whole or in part to, and in, the United Kingdom.

Regulation 6 makes equivalent amendments to the Child Benefit Regulations.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.