- Latest available (Revised)
- Point in Time (01/10/2004)
- Original (As enacted)
Version Superseded: 14/06/2007
Point in time view as at 01/10/2004. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Immigration and Asylum Act 1999, Section 123 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 M1Jobseekers Act 1995, regulations made by the Secretary of State under that Act or the M2Social Security Administration Act 1992;
(b)in relation to jobseeker’s allowance under the M3Jobseekers (Northern Ireland) Order 1995, regulations made by the Department under that Order or the M4Social 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 M5Social Security Contributions and Benefits Act 1992 [F3or 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 M6Social Security Contributions and Benefits (Northern Ireland) Act 1992 [F5or 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
F1S. 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
F2Words 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
F3Words 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)
F4Words 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)
F5Words 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
F6Words 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
I1S. 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
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: