November 2019 – Protection for EU Nationals

04/11/2019

At present, it is by no means clear whether the UK will leave the EU, whether this will be dependent on a second referendum or if the UK is to leave, when that will be. On the basis that the UK will leave the EU, new legislation has been issued that amends social security and tax credit regulations to protect the rights of certain third country nationals. These regulations reflect the UKs transition from association agreements to trade and partnership agreements (TPAs) after it exits from the European Union (EU).

In force from the day the UK exits the EU, the Regulations make changes to domestic legislation to ensure that the rights of third country nationals who are lawfully living and working in the UK under association agreements which have been replaced by a TPA are protected for the purposes of determining entitlement to child benefit and child tax credit and social fund payments, for those in the scope of these TPAs, including Zambrano Carers (non-EEA nationals who are primary carers of a British citizen and derive their right to reside in the UK through the person they care for).

Specific disability benefits and carer payments are also included. These are:

 

Attendance allowance

Personal independence payment

Disability living allowance

Severe disablement allowance

Carers allowance

Winter fuel payment (part of the Social Fund)

 

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