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The Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996

Type Statutory-Instrument
Publication 1996-01-11
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
Reform history JSON API PDF

Made: 11th January 1996

Laid before Parliament: 11th January 1996

Coming into force: 5th February 1996

The Secretary of State for Social Security, in exercise of powers conferred upon him by sections 64(1), 68(4)(c)(i), 70(4), 71(6), 123(1), 124(1), 128(1), 129(1), 130(1) and (2), 131(1) and (3), 135, 137(1) and (2)(a) and (i) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992 and section 5(1)(r) of the Social Security Administration Act 1992 and of all other powers enabling him in that behalf, and so far as they relate to housing benefit and council tax benefit after consultation with organisations appearing to him to be representative of the authorities concerned, and after reference to the Social Security Advisory Committee, hereby makes the following Regulations:—

Citation, commencement and interpretation

1

Amendment of regulation 2 of the Attendance Allowance Regulations

2

In regulation 2 of the Attendance Allowance Regulations (conditions as to residence and presence in Great Britain) —

(ia) subject to paragraph (1A), his right to reside or remain in Great Britain is not subject to any limitation or condition, and; and

(1A) For the purposes of paragraph (1)(a)(ia), a person’s right to reside or remain in Great Britain is not to be treated as if it were subject to a limitation or condition if— (a) he is a person 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; (b) he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 to remain in the United Kingdom by the Secretary of State; (c) he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; (d) he is a person who is— (i) lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or (ii) a member of the family of, and living with, such a person; or (e) he is a person in respect of whom there is an Order in Council under section 179 of the Social Security Administration Act 1992 giving effect to a reciprocal agreement which, for the purposes of attendance allowance, has the effect that periods of presence or residence in another country are to be treated as periods of presence or residence in Great Britain..

Amendment of regulation 4A of the Council Tax Benefit Regulations

3

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Amendment of regulation 2 of the Disability Living Allowance Regulations

4

In regulation 2 of the Disability Living Allowance Regulations (conditions as to residence and presence in Great Britain)—

(ia) subject to paragraph (1A), his right to reside or remain in Great Britain is not subject to any limitation or condition, and;

and

(1A) For the purposes of paragraph (1)(a)(ia), a person’s right to reside or remain in Great Britain is not to be treated as if it were subject to a limitation or condition if— (a) he is a person 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; (b) he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 to remain in the United Kingdom by the Secretary of State; (c) he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; (d) he is a person who is— (i) lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or (ii) a member of the family of, and living with, such a person; or (e) he is a person in respect of whom there is an Order in Council under section 179 of the Administration Act 1992 giving effect to a reciprocal agreement which, for the purposes of disability living allowance, has the effect that periods of presence or residence in another country are to be treated as periods of presence or residence in Great Britain..

Amendment of regulation 5 of the Disability Working Allowance Regulations

5

In regulation 5 of the Disability Working Allowance Regulations (circumstances in which a person is treated as being or as not being in Great Britain)—

(aa) subject to paragraph (1A), his right to reside or remain in Great Britain is not subject to any limitation or condition; and; and

(1A) For the purposes of paragraph (1)(aa), a person’s right to reside or remain in Great Britain is not to be treated as if it were subject to a limitation or condition if— (a) he is a person 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; (b) he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 to remain in the United Kingdom by the Secretary of State; (c) he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; or (d) he is a person who is— (i) lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or (ii) a member of the family of, and living with, such a person..

Amendment of regulation 3 of the Family Credit Regulations

6

In regulation 3 of the Family Credit Regulations (circumstances in which a person is treated as being or as not being in Great Britain)—

(aa) subject to paragraph (1A), his right to reside or remain in Great Britain is not subject to any limitation or condition, and; and

(1A) For the purposes of paragraph (1)(aa), a person’s right to reside or remain in Great Britain is not to be treated as if it were subject to a limitation or condition if— (a) he is a person 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; (b) he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 to remain in the United Kingdom by the Secretary of State; (c) he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; or (d) he is a person who is— (i) lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or (ii) a member of the family of, and living with, such a person..

Amendment of regulation 7A of the Housing Benefit Regulations

7

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Amendment of the Income Support Regulations

8

; or (i) has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking given by another person or persons in writing in pursuance of immigration rules within the meaning of the Immigration Act 1971 , , to be responsible for his maintenance and accommodation; and he has not been resident in the United Kingdom for a period of at least 5 years beginning from the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; or (j) while he is a person to whom any of the definitions in sub-paragraphs (a) to (i) applies in his case, submits a claim to the Secretary of State, which is not finally determined, for asylum under the Convention;.

(c) is a person to whom sub-paragraph (i) of that definition (sponsored immigrant) applies and the person or persons who gave the undertaking to provide for his maintenance and accommodation has, as the case may be have, died;;

(a) is an asylum seeker when he submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed from, or required to leave, the United Kingdom and that claim is recorded by the Secretary of State as having been made; or (aa) becomes, while present in Great Britain, an asylum seeker when— (i) the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country, and (ii) he submits, within a period of 3 months from the day that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees, and (iii) his claim for asylum under that Convention is recorded by the Secretary of State as having been made; and;

(b) ceases to be an asylum seeker— (i) in the case of a claim for asylum which, on or after 5th February 1996, is recorded by the Secretary of State as having been determined (other than on appeal) or abandoned, on the date on which it is so recorded, or (ii) in the case of a claim for asylum which is recorded as determined before 5th February 1996 and in respect of which there is either an appeal pending on 5th February 1996 or an appeal is made within the time limits specified in rule 5 of the Asylum Appeals (Procedure) Rules 1993 , on the date on which that appeal is determined.; and

; and “the Common Travel Area" means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively...

Amendment of regulation 9 of the Invalid Care Allowance Regulations

9

In regulation 9 of the Invalid Care Allowance Regulations (conditions relating to residence and presence in Great Britain)—

(aa) subject to paragraph (1A), his right to reside or remain in Great Britain is not subject to any limitation or condition, and; and

(1A) For the purposes of paragraph (1)(aa), a person’s right to reside or remain in Great Britain is not to be treated as if it were subject to a limitation or condition if— (a) he is a person 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; (b) he is a person who has been granted exceptional leave outside the provisions of the immigration rules within the meaning of the Immigration Act 1971 to remain in the United Kingdom by the Secretary of State; (c) he is a national, or a member of the family of a national, of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; or (d) he is a person who is— (i) lawfully working in Great Britain and is a national of a State with which the Community has concluded an Agreement under article 238 of the Treaty establishing the European Community providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families, or (ii) a member of the family of, and living with, such a person..

Amendment of regulation 2 of the Payments on Account, Overpayments and Recovery Regulations

10

In regulation 2 of the Payments on Account, Overpayments and Recovery Regulations (making of interim payments) —

(1A) Paragraph (1) shall not apply pending the determination of an appeal unless the Secretary of State is of the opinion that there is entitlement to benefit..

Amendment of regulation 3 of the Severe Disablement Allowance Regulations

11

In regulation 3 of the Severe Disablement Allowance Regulations (conditions relating to residence and presence)—

(ia) subject to paragraph (1B), his right to reside or remain in Great Britain is not subject to any limitation or condition, and; and

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