Immigration and Asylum Act 1999

123 Back-dating of benefits where person recorded as refugee. U.K.

(1) This section applies if—

(a) a person is recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention; and

(b) before the refugee was so recorded, he or his dependant was a person to whom section 115 applied.

(2) Regulations may provide that a person mentioned in subsection (1)(b) may, within a prescribed period, claim the whole, or any prescribed proportion, of any benefit to which he would have been entitled had the refugee been so recorded when he made his claim for asylum.

(3) Subsections (5) and (6) apply if the refugee has resided in the areas of two or more local authorities and he or his dependant makes a claim under the regulations in relation to housing benefit.

(4) Subsections (5) and (6) also apply if the refugee has resided in the areas of two or more local authorities in Great Britain and he or his dependant makes a claim under the regulations in relation to council tax benefit.

(5) The claim must be investigated and determined, and any benefit awarded must be paid or allowed, by such one of those authorities as may be prescribed by the regulations (“the prescribed authority”).

(6) The regulations may make provision requiring a local authority who are not the prescribed authority to supply that authority with such information as they may reasonably require in connection with the exercise of their functions under the regulations.

(7) The regulations may make provision in relation to a person who has received support under this Part or who is a dependant of such a person—

(a) for the determination, or for criteria for the calculation, of the value of that support; and

(b) for the sum which he would be entitled to claim under the regulations to be reduced by the whole, or any prescribed proportion, of that valuation.

(8) The reductions permitted by subsection (7) must not exceed the amount of the valuation.

(9) “Regulations” means—

(a) in relation to jobseeker’s allowance under the M1 Jobseekers Act 1995, regulations made by the Secretary of State under that Act or the M2 Social Security Administration Act 1992;

(b) in relation to jobseeker’s allowance under the M3 Jobseekers (Northern Ireland) Order 1995, regulations made by the Department under that Order or the M4 Social Security Administration (Northern Ireland) Act 1992;

[F1 (ba) in relation to child benefit (and guardian’s allowance), regulations made by the Treasury;]

(c) in relation to a benefit [F2 (apart from child benefit and guardian’s allowance)] under the M5 Social Security Contributions and Benefits Act 1992 [F3 or state pension credit], regulations made by the Secretary of State under that Act [F4 , the Social Security Administration Act 1992 (c. 5) or the State Pension Credit Act 2002];

(d) in relation to a benefit [F2 (apart from child benefit and guardian’s allowance)] under the M6 Social Security Contributions and Benefits (Northern Ireland) Act 1992 [F5 or state pension credit], regulations made by the Department under that Act [F6 , the Social Administration (Northern Ireland) Act 1992 or the State Pension Credit Act (Northern Ireland) 2002].

Textual Amendments

F1 S. 123(9)(ba) inserted (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 4 para. 22(2); S.I. 2003/392, art. 2

F2 Words in s. 123(9)(c)(d) inserted (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 4 para. 22(3); S.I. 2003/392, art. 2

F3 Words in s. 123(9)(c) inserted (2.7.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), ss. 11, 22(3), Sch. 2 Pt. 3 para. 42(a); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F4 Words in s. 123(9)(c) substituted (2.7.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), ss. 11, 22(3), Sch. 2 Pt. 3 para. 42(b); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F5 Words in s. 123(9)(d) inserted (N.I.) (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), ss. 14, 21(2), Sch. 2 Pt. III para. 31(a); S.R. 2002/366, art. 2(1)(l); S.R. 2003/373, art. 2

F6 Words in s. 123(9)(d) substituted (N.I.) (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), ss. 14, 21(2), Sch. 2 Pt. III para. 31(b); S.R. 2002/366, art. 2(1)(l); S.R. 2003/373, art. 2

Commencement Information

I1 S. 123 wholly in force at 3.4.2000; s. 123 not in force at Royal Assent see s. 170(4); s. 123 in force for certain purposes at 1.1.2000 by S.I. 1999/3190, art. 2, Sch.; s. 123 in force at 3.4.2000 insofar as not already in force by S.I. 2000/464, art. 2, Sch.

Marginal Citations

M1 1995 c. 18.

M2 1992 c. 5.

M3 S.I. 1995/2705 (N.I. 15).

M4 1992 c. 8.

M5 1992 c. 4.

M6 1992 c. 7.