SCHEDULE PERSONS NOT EXCLUDED FROM CERTAIN BENEFITS UNDER SECTION 115 OF THE IMMIGRATION AND ASYLUM ACT 1999
PART IPersons not excluded under section 115 of the Immigration and Asylum Act from entitlement to F5universal credit, income-based jobseeker’s allowance, income support, F2Income-Related Employment and Support Allowance, a social fund payment, housing benefit or council tax benefit
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)
F61
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
3
A person who–
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.
C1PART IIPersons not excluded under section 115 of the Immigration and Asylum Act from entitlement to attendance allowance, severe disablement allowance, F1carer’s allowance, disability living allowance F4personal independence payment, a social fund paymentF3, Health in Pregnancy Grant or child benefit
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
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)
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)
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)
F71
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F82
A person who is lawfully working in Great Britain and is a national of a State with which—
F10a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the United Kingdom has concluded an agreement which replaces in whole or in part F9an 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.
3
A person who is a member of a family of, and living with, a person specified in paragraph 2.
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.
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)