Abolition of urgent case payments: supplementary provisions3.

(1)

The following consequential amendments have effect.

(2)

In the Income Support Regulations—

(a)

in regulation 17(1)13 (applicable amounts) omit “and 70” and “and urgent cases”;

(b)

in regulation 18(1)14 (polygamous marriages) omit “and 70” and “and urgent cases”;

(c)

after regulation 22A15 (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work) insert—

“Period for which applicable amount is to be calculated where person not excluded from income support under section 115 of the Immigration and Asylum Act22B.

Where paragraph 1 of Part 1 of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 200016 applies in respect of entitlement to income support, the period for which a claimant’s weekly applicable amount is to be calculated shall be any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which that paragraph of that Part of the Schedule to those Regulations applies.”;

(d)

in Schedule 1B17 (prescribed categories of person), for paragraph 2118 (persons from abroad) substitute—

“Persons from abroad21.

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 (Northern Ireland) 2000 except for a person to whom paragraphs 2, 3 and 4 of Part 1 of the Schedule to those Regulations applies.”.

(3)

In the Jobseeker’s Allowance Regulations—

(a)

in regulation 8319 (applicable amounts) omit “or Part X” and “and urgent cases”;

(b)

in regulation 84(1)20 (polygamous marriages) omit “or Part X (urgent cases)”;

(c)

in regulation 86A21 (applicable amounts for joint-claim couples) omit “or Part X (urgent cases)”;

(d)

in regulation 86B22 (applicable amounts for joint-claim couples: polygamous marriages) omit “or Part X (urgent cases)”.

(4)

In the Employment and Support Allowance Regulations—

(a)

in regulation 67(1) (prescribed amounts) omit “and 163” and “and urgent cases”;

(b)

in regulation 68(1) (polygamous marriages) for “regulations 69 and 163 (special cases and urgent cases)” substitute “regulation 69 (special cases)”.

(5)

In regulation 2 of the Immigration and Asylum Regulations (persons not excluded from specified benefits under section 115 of the Act)—

(a)

for paragraph (5)23 substitute—

“(5)

For the purposes of entitlement to income support, a jobseeker’s allowance, an employment and support allowance 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 (5) of regulation 11 who has not ceased to be an asylum seeker by virtue of paragraph (6) of that regulation is a person to whom section 115 of the Act does not apply.”;

(b)

in paragraph (8)24, for “state pension credit, the period for which a claimant’s state pension credit” substitute “state pension credit, or income-related employment and support allowance, as the case may be, the period for which a claimant’s state pension credit, or income-related employment and support allowance, as the case may be,”.