The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

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Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10

Persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999U.K.

2.—(1) For the purposes of entitlement to income-based jobseeker’s allowance, income support, a social fund payment [F1or], F2... [F3income-related employment and support allowance]F4..., as the case may be, a person falling within a category or description of persons specified in Part I of the Schedule is a person to whom section 115 of the Act does not apply.

[F5(1A) For the purposes of entitlement to [F6housing benefit under the Contributions and Benefits Act, state pension credit under the State Pension Credit Act 2002, or] universal credit[F7, as the case may be,] a person falling within a category or description of persons specified in [F8paragraphs 2 and 3] of Part I of the Schedule is a person to whom section 115 of the Act does not apply. ]

(2) For the purposes of entitlement to attendance allowance, severe disablement allowance, [F9carer’s allowance], disability living allowance, a social fund payment[F10, health in pregnancy grant] or child benefit under the Contributions and Benefits Act [F11or personal independence payment], as the case may be, a person falling within a category or description of persons specified in Part II of the Schedule is a person to whom section 115 of the Act does not apply.

(3) For the purposes of entitlement to child benefit, attendance allowance or disability living allowance under the Contributions and Benefits Act [F12or personal independence payment], as the case may be, a person in respect of whom there is an Order in Council made under section 179 of the Social Security Administration Act 1992 giving effect to a reciprocal agreement in respect of one of those benefits, as the case may be, is a person to whom section 115 of the Act does not apply.

[F13(3A) For the purposes of entitlement to child benefit under the Contributions and Benefits Act, a person—

(a)who is lawfully working in Great Britain; and

(b)who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an agreement under Article 217 of the Treaty on the Functioning of the European Union which makes provision for the receipt of family allowances for members of their family who are legally resident in the United Kingdom,

is a person to whom section 115 of the Act does not apply.]

(4) For the purposes of entitlement to–

(a)income support, a social fund payment, housing benefit F14... under the Contributions and Benefits Act, [F15or income-related employment and support allowance,] as the case may be, a person who is entitled to or is receiving benefit by virtue of paragraph (1) or (2) of regulation 12 of the Persons from Abroad Regulations is a person to whom section 115 of the Act does not apply;

(b)attendance allowance, disability living allowance, [F9carer’s allowance], severe disablement allowance, a social fund payment or child benefit under the Contributions and Benefits Act, as the case may be, a person who is entitled to or is receiving benefit by virtue of paragraph (10) of regulation 12 is a person to whom section 115 of the Act does not apply.

[F16(c)state pension credit under the State Pension Credit Act 2002, a person to whom sub-paragraph (a) would have applied but for the fact that they have attained the qualifying age for the purposes of state pension credit, is a person to whom section 115 of the Act does not apply.]

[F17(5) For the purposes of entitlement to [F18universal credit,] income support, a jobseeker’s allowance [F19an income-based jobseeker’s allowance under the Jobseekers Act 1995], an employment and support allowance [F20income-related] 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 (4) of regulation 12 who has not ceased to be an asylum seeker by virtue of paragraph (5) of that regulation is a person to whom section 115 of the Act does not apply.]

(6) For the purposes of entitlement to housing benefit F21... or a social fund payment under the Contributions and Benefits Act, as the case may be, a person to whom regulation 12(6) applies is a person to whom section 115 of the Act does not apply.

[F22(7) For the purposes of entitlement to state pension credit under the State Pension Credit Act 2002, a person to whom paragraph (5) would have applied but for the fact that they have attained the qualifying age for the purposes of state pension credit, is a person to whom section 115 of the Act does not apply.

F23(8)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Word in reg. 2(1) inserted (3.5.2022) by The Social Security and Council Tax Reduction Schemes (Amendment) Regulations 2022 (S.I. 2022/449), regs. 1(1), 2(2)(a)(i) (with reg. 1(3))

F2Words in reg. 2(1) omitted (3.5.2022) by virtue of The Social Security and Council Tax Reduction Schemes (Amendment) Regulations 2022 (S.I. 2022/449), regs. 1(1), 2(2)(a)(ii) (with reg. 1(3))

F3Words in reg. 2(1) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 69(3)(a)

F4Words in reg. 2(1) omitted (3.5.2022) by virtue of The Social Security and Council Tax Reduction Schemes (Amendment) Regulations 2022 (S.I. 2022/449), regs. 1(1), 2(2)(a)(iii) (with reg. 1(3))

F5Reg. 2(1A) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 31(3)(a)

F6Words in reg. 2(1A) inserted (3.5.2022) by The Social Security and Council Tax Reduction Schemes (Amendment) Regulations 2022 (S.I. 2022/449), regs. 1(1), 2(2)(b)(i) (with reg. 1(3))

F7Words in reg. 2(1A) inserted (3.5.2022) by The Social Security and Council Tax Reduction Schemes (Amendment) Regulations 2022 (S.I. 2022/449), regs. 1(1), 2(2)(b)(ii) (with reg. 1(3))

F8Words in reg. 2(1A) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security, Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1505), regs. 1(1), 2(2)(a)

F9Words in reg. 2 substituted (1.4.2003) by Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2

F10Words in reg. 2(2) inserted (1.1.2009) by Health in Pregnancy Grant (Entitlement and Amount) Regulations 2008 (S.I. 2008/3108), regs. 1(1), 8(2)