The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 No. 636

Regulation 2

SCHEDULE U.K. PERSONS NOT EXCLUDED FROM CERTAIN BENEFITS UNDER SECTION 115 OF THE IMMIGRATION AND ASYLUM ACT 1999

PART I U.K. Persons not excluded under section 115 of the Immigration and Asylum Act from entitlement to [F1 universal credit,] income-based jobseeker’s allowance, income support, [F2 Income-Related Employment and Support Allowance,] a social fund payment, housing benefit or council tax benefit

Textual Amendments

F1 Words in Sch. Pt. I inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 31(4)

F2 Words in Sch. Pt. I inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 69(5)

F3 1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 Words in Sch. Pt. I omitted (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 9(3)

2.  A person who has been given leave to enter or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules within the meaning of the Immigration Act 1971, to be responsible for his maintenance and accommodation and who has not been resident in the United Kingdom for a period of at least five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later and the person or persons who gave the undertaking to provide for his maintenance and accommodation has, or as the case may be, have died U.K.

3.  A person who– U.K.

(a) has been given leave to enter or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules within the meaning of the Immigration Act 1971, to be responsible for his maintenance and accommodation; and

(b) has been resident in the United Kingdom for a period of at least five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later.

4.  A person who is a national of a state which has ratified the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953 M1 ) or a state which has ratified the Council of Europe Social Charter (signed in Turin on 18th October 1961) and who is lawfully present in the United Kingdom. U.K.

Marginal Citations

M1 Cmd. 9512.

PART II U.K. Persons not excluded under section 115 of the Immigration and Asylum Act from entitlement to attendance allowance, severe disablement allowance, [F4 carer’s allowance], disability living allowance [F5 personal independence payment,] a social fund payment[F6 , Health in Pregnancy Grant] or child benefit

Textual Amendments

F4 Words in Sch. Pt. II 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

F5 Words in Sch. Pt. II inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 23(4)

F6 Words in Sch. Pt. II inserted (1.1.2009) by Health in Pregnancy Grant (Entitlement and Amount) Regulations 2008 (S.I. 2008/3108), regs. 1(1), 8(3)

Modifications etc. (not altering text)

C1 Sch. Pt. II applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(q)

F7 1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F7 Sch. Pt. II para. 1 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 57(2)

[F8 2.   A person who is lawfully working in Great Britain and is a national of a State with which— U.K.

F9 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the United Kingdom has concluded an agreement which replaces in whole or in part [F10 an agreement under Article 217 of the Treaty on the Functioning of the European Union] which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families.]

Textual Amendments

F8 Sch. Pt. II para. 2 substituted (31.12.2020) by The Social Security, Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1431), regs. 1, 2(2); 2020 c. 1, Sch. 5 para. 1(1)

F9 Sch. Pt. II para. 2(a) omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Social Security, Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1505), regs. 1(1), 2(3)(a)

F10 Words in Sch. Pt. II para. 2(b) substituted (with effect in accordance with reg. 1(3) 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(3)(b)

3.  A person who is a member of a family of, and living with, a person specified in paragraph 2. U.K.

4.  A person who has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules within the meaning of the Immigration Act 1971, to be responsible for his maintenance and accommodation. U.K.