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 1999, sections 64(1), 68(4), 70(4), 71(6), 123(1)(a), (d) and (e), 135(1), 136(3) and (4), 137(1) and (2)(i) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992, section 5(1)(a) and (b), 189(1) and (4) and 191 of the Social Security Administration Act 1992, sections 12(1) and (2), 35(1) and 36(2) and (4) of the Jobseekers Act 1995 and 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 Act and, 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 undertaken hereby 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 1991;

• “the Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations 1987;

• “the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992 ;

• “the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992;

• “the Disability Living Allowance Regulations" means the Social Security (Disability Living Allowance) Regulations 1991;

• “the Employment and Support Allowance Regulations ” means the Employment and Support Allowance Regulations 2008;

• “the Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987;

• “the Income Support Regulations" means the Income Support (General) Regulations 1987;

• “the Invalid Care Allowance Regulations" means the Social Security (Invalid Care Allowance) Regulations 1976;

• “the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996;

• “the Persons from Abroad Regulations" means the Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996;

• “the Severe Disablement Allowance Regulations" means the Social Security (Severe Disablement Allowance) Regulations 1984.

• “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).

• ; “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012

• “personal independence payment” means personal independence payment under Part 4 of the Welfare Reform Act 2012;

• (4) In these Regulations, unless the context otherwise requires, a reference–

• (a) to a numbered regulation or Schedule is to the regulation in, or the Schedule to, these Regulations bearing that number;

• (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 or, ... income-related employment and support allowance..., 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.

• (1A) For the purposes of entitlement to housing benefit under the Contributions and Benefits Act, state pension credit under the State Pension Credit Act 2002, or universal credit, as the case may be, a person falling within a category or description of persons specified in paragraphs 2 and 3 of 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, carer’s allowance, disability living allowance, a social fund payment, health in pregnancy grant or child benefit under the Contributions and Benefits Act or personal independence payment, 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 or personal independence payment, 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.

• (3A) For the purposes of entitlement to child benefit under the Contributions and Benefits Act, a person—

• (a) who is lawfully working in Great Britain; and

• (b) who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an agreement under Article 217 of the Treaty on the Functioning of the European Union which makes provision for the receipt of family allowances for members of their family who are legally resident in the United Kingdom,

is a person to whom section 115 of the Act does not apply.

• (4) For the purposes of entitlement to–

• (a) income support, a social fund payment, housing benefit ... under the Contributions and Benefits Act, or income-related employment and support allowance, 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) attendance allowance, disability living allowance, carer’s 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.

• (c) state pension credit under the State Pension Credit Act 2002, a person to whom sub-paragraph (a) would have applied but for the fact that they have attained the qualifying age for the purposes of state pension credit, is a person to whom section 115 of the Act does not apply.

• (5) For the purposes of entitlement to universal credit, income support, a jobseeker’s allowance an income-based jobseeker’s allowance under the Jobseekers Act 1995, an employment and support allowance income-related or a social fund payment under the Contributions and Benefits Act, as the case may be, a person who is an asylum seeker within the meaning of paragraph (4) of regulation 12 who has not ceased to be an asylum seeker by virtue of paragraph (5) of that regulation is a person to whom section 115 of the Act does not apply.

• (6) For the purposes of entitlement to housing 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.

• (7) For the purposes of entitlement to state pension credit under the State Pension Credit Act 2002, a person to whom paragraph (5) would have applied but for the fact that they have attained the qualifying age for the purposes of state pension credit, is a person to whom section 115 of the Act does not apply.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) after the definition of “housing benefit expenditure" there shall be inserted the following definition–

“Immigration and Asylum Act" means the Immigration and Asylum Act 1999 ;

and

• (b) the definition of “immigration authorities" shall be omitted.

• (3) In paragraph (3)(a) of regulation 4ZA , 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) in paragraph (1) for the words “regulation 21ZA" there shall be substituted the words “ regulation 21ZB ”;

• (b) in paragraph (3) the first definition of “person from abroad" shall be omitted;

• (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–
• who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or
• 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
• 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) in paragraph (3) in the second definition of “person from abroad" the word “also" shall be omitted.

• (5) For regulation 21ZA (treatment of refugees) after 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) at the beginning of paragraph (4) there shall be inserted the words “ Subject to paragraph (5) ”;

• (b) in paragraph (4) for the words following “paragraph (1)" there shall be substituted the following sub-paragraphs–

(a) any payment to which regulation 35(2) or 37(2) (payments not earnings) applies; or (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 (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act;

• (c) after paragraph (4) there shall be added the following paragraph–

(5) In the case of a claimant who is the partner of a person subject to immigration control and whose partner 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, there shall not be included as income to be taken into account under paragraph (1) the amount of support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.

• (7) In regulation 70 (urgent cases)–

• (a) in paragraph (2) for sub-paragraph (a) there shall be substituted the following sub-paragraph–

(a) a claimant to whom paragraph (2A) applies (persons not excluded from income support under section 115 of the Immigration and Asylum Act);

• (b) after paragraph (2) there shall be inserted the following paragraph–

(2A) This paragraph applies to a person not excluded from entitlement to income support under section 115 of the Immigration and Asylum Act by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 3 and 4 of Part I of the Schedule to those Regulations applies.

; and

• (c) paragraphs (3) , (3A) and (3B) shall be omitted.

• (8) In regulation 71 (applicable amounts in urgent cases)–

• (a) in paragraph (1)(d), for the words “paragraph 17" there shall be substituted the words “ paragraph 16A ”; and

• (b) in paragraph (2), for the words “paragraph (3)" in each place where they occur, there shall be substituted the words “ paragraph 2A ”.

• (9) In Schedule 1B (prescribed categories of person)–

• (a) after paragraph 18, there shall be inserted the following paragraph–

(18A) A person to whom regulation 21ZB (treatment of refugees) applies by virtue of regulation 21 ZB(2) from the date his claim for asylum is made until the date the Secretary of State makes a decision on that claim.

• (b) in paragraph 21, for the words “regulation 70(3)" there shall be substituted the words “ regulation 70(2A) ”.

• (10) After paragraph 16 of Schedule 7 (applicable amounts in special cases)–

• (a) in column (1) there shall be inserted the following paragraph–

(16A) (a) A claimant who is the partner of a person subject to immigration control. (b) Where regulation 18 (polygamous marriages) applies and the claimant is 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 one or more of his partners 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.

• (b) in column (2) there shall be inserted the following paragraph–

(16A) (a) The amount applicable in respect of the claimant only under regulation 17(1)(a) plus that in respect of any child or young person who is a member of his family and who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act, and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support, any amounts which may be applicable to him under regulation 17(1)(b), (c) or (d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 19 or 21. (b) The amount determined in accordance with that regulation or regulation 19 or 21 in respect of the claimant and any partners of his and any child or young person for whom he or his partner is treated as responsible, who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support.

• (11) In paragraph 17 of Schedule 7 (applicable amounts in special cases) for the words in column (1) there shall be substituted the words “ person from abroad ” and for the words in column (2) there shall be substituted the word “ nil ”.

• (12) In paragraph 21 of Schedule 9 (treatment of income in kind) –

• (a) in sub-paragraph (1) for the words “Subject to sub-paragraph (2)" there shall be substituted the words “ Subject to sub-paragraphs (2) and (3) ”;

• (b) in sub-paragraph (1) after the words “except where" there shall be added the following words–

regulation 40(4)(b) (provision of support 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 in the calculation of income other than earnings) or

• (c) after sub-paragraph (2) there shall be added the following sub-paragraph–

(3) The first exception under sub-paragraph (1) shall not apply where the claimant is the partner of a person subject to immigration control and whose partner 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 and the income in kind is support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.