The Jobseeker’s Allowance (Amendment) Regulations 1996

Persons from abroad

10.—(1) In paragraph (4) of regulation 85 of the Jobseeker’s Allowance Regulations (special cases)—

(a) in the first of the definitions of “person from abroad”, after sub-paragraph (h) there shall be added—

“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(1), 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(2);”.

(b) at the end of that definition there shall be added the words—

• “and for the purposes of this definition “the immigration authorities” means an adjudicator, an immigration officer or an immigration appeal tribunal appointed for the purposes of the Immigration Act 1971 and in addition means the Secretary of State.”;

(c) in the second of the definitions of “person from abroad” for the words following “the United Kingdom” up to and including the “Isle of Man”, there shall be substituted the words “the Channel Islands, the Isle of Man or the Republic of Ireland,”.

(2) In regulation 147 of those Regulations (urgent cases), for paragraphs (3) to (5) there shall be substituted the following paragraphs—

“(3) This paragraph applies to a person from abroad within the meaning of regulation 85(4) (special cases) who—

(a) is an asylum seeker; and

(b) holds a work permit or has written authorisation from the Secretary of State permitting him to work in the United Kingdom.

(4) For the purposes of this regulation, a person—

(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

(b) 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

(c) 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(3), on the date on which that appeal is determined.

(5) In this Regulation—

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

“the Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention;

“work permit” has the meaning it bears in the Immigration Act 1971(4) by virtue of section 33(1) of that Act.”.

(1)

1971 c. 77 as amended by the British Nationality Act 1981 (c. 61).

(2)

The Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention.

(3)

S.I. 1993/1661.

(4)

1971 c. 77.