SI 2018/788 - The Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018

Released 29 June 2018

SI 2018/788 amends SI 2003/653, SI 2003/654 and SI 2015/448 to provide individuals granted ‘section 67 leave’ access to benefits and tax credits.

The Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018 give individuals who have been granted ‘section 67 leave’ 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. Section 67 leave is a new category of leave created by the Immigration Act 2016, s. 67 under which individuals may be relocated to the United Kingdom and permitted to remain in the United Kingdom. The Immigration Rules made under the Immigration Act 1971, s. 3(2) have been changed to provide for this section 67 leave. The regulations amend:

the Tax Credits (Residence) Regulations 2003 (SI 2003/654), reg. 3 to exempt individuals who have been granted section 67 leave from having to meet the three month residence requirement in those regulations;

the Tax Credits (Immigration) Regulations 2003 (SI 2003/653), reg. 3 to give individuals who have been granted section 67 leave, access to benefits administered by HMRC; and

the Childcare Payments (Eligibility) Regulations 2015 (SI 2015/448), reg. 8 of 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.

The regulations come into force on 20 July 2018.

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