The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2009

Abolition (subject to savings) of urgent case payments

2.—(1) Subject to paragraphs (2) to (4), the following provisions are revoked—

(a) Part 6 of the Income Support Regulations (urgent cases)(1);

(b) Part 10 of the Jobseeker’s Allowance Regulations (urgent cases)(2);

(c) regulation 12(3) of the Immigration and Asylum Regulations (transitional arrangements and savings)(3);

(d) Part 13 of the Employment and Support Allowance Regulations (urgent cases)(4).

(2) The provisions referred to in paragraph (1) (“the relevant provisions”) continue to have effect in relation to a person who, on the day before the day on which these Regulations come into force, is a person (“P”) to whom regulation 70(2)(b) of the Income Support Regulations, regulation 147(2)(b) of the Jobseeker’s Allowance Regulations or (as the case may be) regulation 162(2) of the Employment and Support Allowance Regulations applies.

(3) Where on the day before the day on which these Regulations come into force P falls within paragraph 1 of Part 1 of the Schedule to the Immigration and Asylum Regulations, the relevant provisions continue to have effect in relation to P until—

(a) the expiry of the period, or the aggregate of any periods, of 42 days during any one period of leave to which paragraph 1 of Part 1 of that Schedule applies, or

(b) the day on which P no longer falls within paragraph 1 of Part 1 of that Schedule,

whichever shall first occur.

(4) In any other case, the relevant provisions continue to have effect in relation to P until the day on which regulation 70(2)(b) of the Income Support Regulations, regulation 147(2)(b) of the Jobseeker’s Allowance Regulations or (as the case may be) regulation 162(2) of the Employment and Support Allowance Regulations ceases to apply to P.

(1)

Regulation 70 was amended by S.I. 1989/1323, 1999/3178 and 2000/636. Regulation 71 was amended by S.I. 1988/663 and 1445, 1989/1034, 1993/2119, 1996/206, 1999/2422, 2000/636, 2001/859 and 3767, 2003/455 and 1121 and 2006/588. Regulation 72 was amended by S.I. 1988/2022, 1989/1323, 1996/2431, 1998/563 and 2008/698, 1554 and 2767.

(2)

Regulation 147 was amended by S.I. 1999/2860 and 2000/636. Regulation 148 was amended by S.I. 2000/636 and 1978, 2001/3767 and 2003/455 and 1121. Regulation 148A was inserted by S.I. 2000/1978 and amended by S.I. 2001/3767 and 2003/1121. Regulation 149 was amended by S.I. 1996/1516, 1998/563 and 2008/1554 and 2767.

(3)

Relevant amending instrument is S.I. 2008/1554.

(4)

Regulation 164 was amended by S.I. 2008/2428.