The Social Security (Persons from Abroad) Amendment (No. 2) Regulations 2006

Year2006

2006 No. 2528

Social Security

The Social Security (Persons from Abroad) Amendment (No. 2) Regulations 2006

Made 14th September 2006

Laid before Parliament 18th September 2006

Coming into force 9th October 2006

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(a), (d) and (e), 131(3)(b), 135(1) and (2), 137(1) and (2) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921, sections 4(5) and (12), 35(1) and 36(2) of, and paragraph 11 of Schedule 1 to, the Jobseekers Act 19952and sections 1(5)(a) and 17(1) of the State Pension Credit Act 20023.

He has consulted with such organisations which appear to him to be representative of the authorities concerned with these Regulations in so far as they relate to housing benefit and council tax benefit4.

The Social Security Advisory Committee has agreed that the proposals to make these Regulations should not be referred to it5.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Social Security (Persons from Abroad) Amendment (No. 2) Regulations 2006 and shall come into force on 9th October 2006.

S-2 Amendment of the Income Support (General) Regulations 1987

Amendment of the Income Support (General) Regulations 1987

2.—(1) The Income Support (General) Regulations 19876are amended as follows.

(2) In regulation 21AA(4) (special cases: supplemental – persons from abroad), for sub-paragraph (h) substitute—

“(h)

“(h) a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 19717;

(hh)

(hh) a person who has humanitarian protection granted under those rules;”.

S-3 Amendment of the Jobseeker’s Allowance Regulations 1996

Amendment of the Jobseeker’s Allowance Regulations 1996

3.—(1) The Jobseeker’s Allowance Regulations 19968are amended as follows.

(2) In regulation 85A(4) (special cases: supplemental – persons from abroad), for sub-paragraph (h) substitute—

“(h)

“(h) a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 19719;

(hh)

(hh) a person who has humanitarian protection granted under those rules;”.

S-4 Amendment of the State Pension Credit Regulations 2002

Amendment of the State Pension Credit Regulations 2002

4.—(1) The State Pension Credit Regulations 200210are amended as follows.

(2) In regulation 2(4) (persons not in Great Britain), for sub-paragraph (h) substitute—

“(h)

“(h) a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 197111;

(hh)

(hh) a person who has humanitarian protection granted under those rules;”.

S-5 Amendment of the Housing Benefit Regulations 2006

Amendment of the Housing Benefit Regulations 2006

5.—(1) The Housing Benefit Regulations 200612are amended as follows.

(2) In regulation 10(3B) (persons from abroad), for sub-paragraph (h) substitute—

“(h)

“(h) a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 197113;

(hh)

(hh) a person who has humanitarian protection granted under those rules;”.

S-6 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

6.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200614are amended as follows.

(2) In regulation 10(4A) (persons from abroad), for sub-paragraph (h) substitute—

“(h)

“(h) a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 197115;

(hh)

(hh) a person who has humanitarian protection granted under those rules;”.

S-7 Amendment of the Council Tax Benefit Regulations 2006

Amendment of the Council Tax Benefit Regulations 2006

7.—(1) The Council Tax Benefit Regulations 200616are amended as follows.

(2) In regulation 7(4A) (persons from abroad), for sub-paragraph (h) substitute—

“(h)

“(h) a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 197117;

(hh)

(hh) a person who has humanitarian protection granted under those rules;”.

S-8 Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

8.—(1) The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200618are amended as follows.

(2) In regulation 7(4A) (persons from abroad), for sub-paragraph (h) substitute—

“(h)

“(h) a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 197119;

(hh)

(hh) a person who has humanitarian protection granted under those rules;”.

James Purnell

Minister of State,

Department for Work and Pensions

14th September 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 ( S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 ( S.I. 1996/207), the State Pension Credit Regulations 2002 ( S.I. 2002/1792), the Housing Benefit Regulations 2006 ( S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ( S.I. 2006/214), the Council Tax Benefit...

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