The Income Support and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1996

Amendment of the Social Security (Claims and Payments) Regulations 1987

7.  The Social Security (Claims and Payments) Regulations 1987(1) shall be amended in accordance with the following paragraphs—

(a) in regulation 2(1) (interpretation) the following definitions shall be inserted in the appropriate places—

• ““claim for asylum” has the same meaning as in the Asylum and Immigration Appeals Act 1993;(2)”;

““refugee” means 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(3) as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(4);”;

(b) in regulation 4 (making a claim for benefit)—

(i) in paragraph (3) at the beginning there shall be inserted the words “Subject to paragraph (3C),”;

(ii) after paragraph (3B)(5) the following paragraph shall be inserted—

“(3C) In the case of a claim for income support for a period to which regulation 21ZA(2) of the Income Support (General) Regulations 1987 (treatment of refugees)(6) refers, the claim shall be made by the refugee or in the case of a married or unmarried couple both of whom are refugees, by either of them.”;

(c) in regulation 6 (date of claim) after paragraph (4C)(7) the following paragraph shall be inserted—

“(4D) In the case of a claim for income support to which regulation 4(3C) (claim by refugee) refers, the claim shall be treated as made—

(a) in the case of a claimant who made a claim for asylum upon arrival in the United Kingdom, on the date on which his claim for asylum was first refused by the Secretary of State; or

(b) in the case of a claimant whose claim for asylum was made other than on arrival in the United Kingdom, on the date of that claim for asylum.”;

(d) in regulation 19 (time for claiming benefit) after paragraph (1) the following paragraph shall be inserted—

“(1A) This regulation shall not have effect with respect to a claim to which regulation 21ZA(2) of the Income Support (General) Regulations 1987 (treatment of refugees) applies.”.

(1)

S.I. 1987/1968; relevant amending instruments S.I. 1988/522, 1991/2284, 2741 and 1996/1460.

(2)

1993 c. 23.

(3)

Cmd. 9171.

(4)

Cmd. 3906.

(5)

Paragraph (3B) was inserted by S.I. 1996/1460.

(6)

Regulation 21ZA was inserted by regulation 3 of these Regulations.

(7)

Paragraph (4C) was inserted by S.I. 1996/1460.