Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000
| Year | 2000 |
2000 No. 636
SOCIAL SECURITY
The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000
Made 7th March 2000
Laid before Parliament 13th March 2000
Coming into force 3rd April 2000
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 115(3), (4) and (7), 123(5) and (6), 166(3) and 167 of the Immigration and Asylum Act 19991, sections 64(1), 68(4), 70(4), 71(6), 123(1)(a), (d) and (e), 135(1), 136(3) and (4), 137(1)2and (2)(i) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19923, section 5(1)(a) and (b), 189(1) and (4) and 1914of the Social Security Administration Act 19925, sections 12(1) and (2), 35(1)6and 36(2) and (4) of the Jobseekers Act 19957and of all other powers enabling him in that behalf, by this Instrument, which contains only regulations made by virtue of, or consequential upon, the Immigration and Asylum Act 1999 and which is made before the end of the period of six months beginning with the coming into force of that Act8and, in so far as they relate to housing benefit and council tax benefit, with the agreement of such organisations appearing to him to be representative of the authorities concerned that consultation should not be undertaken9hereby make the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000.
(2) These Regulations shall come into force on 3rd April 2000.
(3) In these Regulations–
“the Act” means the Immigration and Asylum Act 1999;
“the Attendance Allowance Regulations” means the Social Security (Attendance Allowance) Regulations 199110;
“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 198711;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 199212;
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 199213;
“the Disability Living Allowance Regulations” means the Social Security (Disability Living Allowance) Regulations 199114;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 198715;
“the Income Support Regulations” means the Income Support (General) Regulations 198716;
“the Invalid Care Allowance Regulations” means the Social Security (Invalid Care Allowance) Regulations 197617;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 199618;
“the Persons from Abroad Regulations” means the Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 199619;
“the Severe Disablement Allowance Regulations” means the Social Security (Severe Disablement Allowance) Regulations 198420.
(4) In these Regulations, unless the context otherwise requires, a reference–
(a)
(a) to a numbered regulation or Schedule is to the regulation in, or the Schedule to, these Regulations bearing that number;
(b)
(b) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.
Persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999
2.—(1) For the purposes of entitlement to income-based jobseeker’s allowance, income support, a social fund payment, housing benefit or council tax benefit under the Contributions and Benefits Act, as the case may be, a person falling within a category or description of persons specified in Part I of the Schedule is a person to whom section 115 of the Act does not apply.
(2) For the purposes of entitlement to attendance allowance, severe disablement allowance, invalid care allowance, disability living allowance, a social fund payment or child benefit under the Contributions and Benefits Act, as the case may be, a person falling within a category or description of persons specified in Part II of the Schedule is a person to whom section 115 of the Act does not apply.
(3) For the purposes of entitlement to child benefit, attendance allowance or disability living allowance under the Contributions and Benefits Act, as the case may be, a person in respect of whom there is an Order in Council made under section 179 of the Social Security Administration Act 1992 giving effect to a reciprocal agreement in respect of one of those benefits, as the case may be, is a person to whom section 115 of the Act does not apply.
(4) For the purposes of entitlement to–
(a)
(a) income support, a social fund payment, housing benefit or council tax benefit under the Contributions and Benefits Act, as the case may be, a person who is entitled to or is receiving benefit by virtue of paragraph (1) or (2) of regulation 12 of the Persons from Abroad Regulations is a person to whom section 115 of the Act does not apply;
(b)
(b) attendance allowance, disability living allowance, invalid care allowance, severe disablement allowance, a social fund payment or child benefit under the Contributions and Benefits Act, as the case may be, a person who is entitled to or is receiving benefit by virtue of paragraph (10) of regulation 12 is a person to whom section 115 of the Act does not apply.
(5) For the purposes of entitlement to income support by virtue of regulation 70 of the Income Support Regulations (urgent cases), to jobseeker’s allowance by virtue of regulation 147 of the Jobseeker’s Allowance Regulations (urgent cases) or to a social fund payment under the Contributions and Benefits Act, as the case may be, a person to whom regulation 12(3) applies is a person to whom section 115 of the Act does not apply.
(6) For the purposes of entitlement to housing benefit, council tax benefit or a social fund payment under the Contributions and Benefits Act, as the case may be, a person to whom regulation 12(6) applies is a person to whom section 115 of the Act does not apply.
Amendment of the Income Support Regulations
3.—(1) The Income Support Regulations shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 2(1) (interpretation)–
(a)
(a) after the definition of “housing benefit expenditure” there shall be inserted the following definition–
““Immigration and Asylum Act” means the Immigration and Asylum Act 199921;” and
(b)
(b) the definition of “immigration authorities” shall be omitted.
(3) In paragraph (3)(a) of regulation 4ZA22, for the words “ regulation 70(3)(a)” there shall be substituted the words “paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000”.
(4) In regulation 21 (special cases)–
(a)
(a) in paragraph (1) for the words “regulation 21ZA” there shall be substituted the words “regulation 21ZB”;
(b)
(b) in paragraph (3) the first definition of “person from abroad” shall be omitted;
(c)
(c) in paragraph (3), after the opening words, there shall be inserted the following definition–
““partner of a person subject to immigration control” means a person–
(i) who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or
(ii) to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and
(iii) who is a member of a couple and his partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to income support;”; and
(d)
(d) in paragraph (3) in the second definition of “person from abroad” the word “also” shall be omitted.
(5) For regulation 21ZA (treatment of refugees)23after the heading there shall be substituted the following regulation–
“21ZB.—(1) This paragraph applies to a person who has submitted a claim for asylum on or after 3rd April 2000 and who is notified that he has been recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967.
(2) Subject to paragraph (3), a person to whom paragraph (1) applies, who claims income support within 28 days of receiving the notification referred to in paragraph (1), shall have his claim for income support determined as if he had been recorded as a refugee on the date when he submitted his claim for asylum.
(3) The amount of support provided under section 95 or 98 of the Immigration and Asylum Act, including support provided by virtue of regulations made under Schedule 9 to that Act, by the Secretary of State in respect of essential living needs of the claimant and his dependants (if any) as specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act shall be deducted from any award of income support due to the claimant by virtue of paragraph (2).”.
(6) In regulation 40 (calculation of income other than earnings)–
(a)
(a) at the beginning of paragraph (4) there shall be inserted the words “ Subject to paragraph (5)”;
(b)
(b) in paragraph (4) for the words following “paragraph (1)” there shall be substituted the following sub-paragraphs–
“(a)
“(a) any payment to which regulation 35(2)24or 37(2) (payments not earnings) applies; or
(b)
(b) in the case of a claimant who is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the claimant and his dependants...
To continue reading
Request your trial