Legislation – The Social Security and Tax Credits (Miscellaneous and Coronavirus Amendments) Regulations 2021

Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 20003.

(1)

In so far as they relate to child benefit, the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 20008 are amended as follows.

(2)

In regulation 2 (persons not excluded from specified benefits under section 115 of the Act), for paragraph (3A) substitute—

“(3A)

For the purposes of entitlement to child benefit under the Contributions and Benefits Act9, a person—

(a)

who is lawfully working in Northern Ireland; and

(b)

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 Act10 does not apply.”.
8

S.R. 2000 No.71 (“the Northern Ireland principal Regulations”) amended by regulation 3 of S.I. 2020/1505 (regulation 3(2) inserted paragraph (3A) into regulation 2); there are other amending instruments but none is relevant. This instrument only amends S.R. 2000 No. 71 in relation to child benefit.

9

“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 (c. 7).

10

“The Act” is defined in regulation 1 of the Northern Ireland principal Regulations as meaning the Immigration and Asylum Act 1999.