Nationality, Immigration and Asylum Act 2002

Ineligibility for support U.K.

1 (1) A person to whom this paragraph applies shall not be eligible for support or assistance under— U.K.

(a) section 21 or 29 of the National Assistance Act 1948 (c. 29) (local authority: accommodation and welfare),

(b) section 45 of the Health Services and Public Health Act 1968 (c. 46) (local authority: welfare of elderly),

(c) section 12 or 13A of the Social Work (Scotland) Act 1968 (c. 49) (social welfare services),

(d) Article 7 or 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, social welfare, &c.),

[F1 (e) F2 ... section 192 of, and Schedule 15 to, the National Health Service (Wales) Act 2006 (social services),]

(f) section 29(1)(b) of the Housing (Scotland) Act 1987 (c. 26) (interim duty to accommodate in case of apparent priority need where review of a local authority decision has been requested),

(g) section 17, 23C, [F3 23CA,] 24A or 24B of the Children Act 1989 (c. 41) (welfare and other powers which can be exercised in relation to adults),

(h) Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (welfare and other powers which can be exercised in relation to adults),

(i) sections 22, 29 and 30 of the Children (Scotland) Act 1995 (c. 36) (provisions analogous to those mentioned in paragraph (g)),

(j) section 188(3) or 204(4) of the Housing Act 1996 (c. 52) (accommodation pending review or appeal),

(k) section 2 of the Local Government Act 2000 (c. 22) (promotion of well-being),

[F4 (ka) section 1 of the Localism Act 2011 (local authority’s general power of competence),]

(l) a provision of the Immigration and Asylum Act 1999 (c. 33), F5 ...

(m) a provision of this Act [F6 , or

(n) Part 1 of the Care Act 2014 (care and support provided by local authority).]

(2) A power or duty under a provision referred to in sub-paragraph (1) may not be exercised or performed in respect of a person to whom this paragraph applies (whether or not the person has previously been in receipt of support or assistance under the provision).

(3) An approval or directions given under or in relation to a provision referred to in sub-paragraph (1) shall be taken to be subject to sub-paragraph (2).

Textual Amendments

F1 Sch. 3 para. 1(1)(e) substituted (E.W.) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 229 (with Sch. 3 Pt. 1)

F2 Words in Sch. 3 para. 1(1)(e) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 67(2) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F3 Word in Sch. 3 para. 1(1)(g) inserted (1.4.2011 for E., 19.6.2012 in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 22(6), 44(4); S.I. 2010/2981, art. 4(g); S.I. 2012/1553, art. 2(a)

F4 Sch. 3 para. 1(1)(ka) inserted (28.3.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 1 para. 4

F5 Word in Sch. 3 para. 1(1)(l) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 67(3) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F6 Sch. 3 para. 1(1)(n) and word inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 67(4) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))