PART 1Introductory and Eligibility

Eligible persons – connection with the U.K.4

1

The connection with the United Kingdom mentioned in section 3(1)(b) of the Act is that the person is ordinarily resident in the United Kingdom.

2

A Crown servant posted overseas or his or her partner shall be treated as ordinarily resident in the United Kingdom.

3

A person shall be treated as ordinarily resident in the United Kingdom if he or she is exercising in the United Kingdom his or her rights as a worker pursuant to Council Regulation (EEC) No. 1612/6812.

4

A person who is in the United Kingdom as a result of his or her deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom shall be treated as being ordinarily resident in the United Kingdom.

5

In paragraph (2)—

  • “Crown servant posted overseas” has the meaning in regulation 5(2) of the Tax Credits (Residence) Regulations 200313;

    the “partner” of a Crown servant posted overseas means a person falling within the description in regulation 6(1) (read with regulation 2(1)) of those Regulations.