Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

12 Refugee: back-dating of benefits

(1) Section 123 of the Immigration and Asylum Act 1999 (c. 33) (back-dating of benefits for refugees) shall cease to have effect.

(2) Accordingly (and without prejudice to any other implied repeal, revocation or amendment) the following (each of which concerns the treatment of refugees) lapse—

(a) in the Income Support (General) Regulations 1987 (S.I. 1987/1967)—

(i) regulation 21ZB,

(ii) paragraph 18A of Schedule 1B, and

(iii) paragraph 57 of Schedule 9,

(b) in the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459)—

(i) regulation 21A,

(ii) paragraph 18A of Schedule 1B, and

(iii) paragraph 57 of Schedule 9,

(c) in the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968)—

(i) regulation 4(3C),

(ii) regulation 6(4D), and

(iii) regulation 19(8),

(d) in the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 465)—

(i) regulation 4(3C),

(ii) regulation 6(4D), and

(iii) regulation 19(8),

(e) in the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971)—

(i) regulation 7B,

(ii) Schedule A1,

(iii) paragraphs 61 and 62 of Schedule 4, and

(iv) paragraphs 50 and 51 of Schedule 5,

(f) in the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 461)—

(i) regulation 7B,

(ii) Schedule A1,

(iii) paragraphs 62 and 63 of Schedule 4, and

(iv) paragraphs 48 and 49 of Schedule 5, and

(g) in the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/ 1814)—

(i) regulation 4D,

(ii) Schedule A1,

(iii) paragraphs 60 and 61 of Schedule 4, and

(iv) paragraphs 50 and 51 of Schedule 5.

(3) Regulation 12(1) and (2) of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636) (which save for transitional purposes the effect of provision made for back-payment of benefits for refugees under section 11(2) of the Asylum and Immigration Act 1996 (c. 49)) shall cease to have effect.

(4) Regulation 11(1) and (2) of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 (S.R. 2000 No. 71) (which make similar transitional savings) shall cease to have effect.

(5) An order under section 48 bringing this section into force may, in particular, provide for this section to have effect in relation to persons recorded as refugees after a specified date (irrespective of when the process resulting in the record was begun).