November 2012 – Child Benefit post Zambrano
New regulations have been issued in relation to child benefit and child tax credit for non-European Economic Area (EEA) citizens with a right to reside following the Court of Justice of the European Union decision in the 'Zambrano' case.
In force from 8 November 2012, regulations exclude a claimant from eligibility to child benefit and child tax credit where their right of residence is required in order that a British citizen is not deprived of the genuine enjoyment of the rights of being a European Union citizen.
'... the government also takes the view that this ruling does not explicitly carry with it a right to social security benefits, only a right to reside and a right to work in the United Kingdom. Therefore, in order to maintain the government’s current position regarding third country nationals accessing child benefit and the child tax credit, this instrument amends the regulations so that those persons who are within the scope of the ruling are treated as not being in Great Britain/Northern Ireland for the purpose of eligibility to child benefit and are treated as not being in the United Kingdom for the purpose of eligibility to the child tax credit.'
Contrast Font size
Copyright 2012 Latitude Consortium Ltd.