The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000

Homelessness—Scotland S

9.—(1) The following are classes of persons specified for the purposes of section 119(1) of the 1999 Act in respect of Scotland–

[F1 (a) Class U – a person who is on an income-based jobseeker’s allowance or in receipt of income support and is eligible for that benefit other than because—

(i) he has limited leave to enter or remain in the United Kingdom which was given in accordance with the relevant immigration rules and he is temporarily without funds because remittances to him from abroad have been disrupted; or

(ii) he has been deemed by regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 to have been granted leave to enter or remain in the United Kingdom exceptionally for the purposes of the provision of means of subsistence];

(b) Class V—a person who is an asylum-seeker and–

(i) who was in Great Britain when the Secretary of State made a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country;

(ii) who made a claim for asylum which is recorded by the Secretary of State as having been made within a period of three months from the day on which that declaration was made; and

(iii) whose claim for asylum has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned.

(2) For the purposes of paragraph (1)(a) (Class U)–

(a) “an income-based jobseeker’s allowance” means a jobseeker’s allowance which is payable under the 1995 Act and entitlement to which is based on the claimant satisfying conditions which include those set out in section 3 of the 1995 Act (the income-based conditions);

(b) “income support” has the same meaning as in section 124 of the Social Security Contributions and Benefits Act 1992(1) (income support);

(c) “relevant immigration rules” means the immigration rules relating to–

(i) there being or there needing to be no recourse to public funds; or

(ii) there being no charge on public funds; and

(d) a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to him and on any day–

(i) in respect of which he satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid in accordance with section 19 of the 1995 Act(2) (circumstances in which jobseeker’s allowance is not payable); or

(ii) which is a waiting day for the purposes of paragraph 4 of Schedule 1 to the 1995 Act (waiting days) and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to him or would be payable to him but for section 19 of the 1995 Act;

[F2 (e) In paragraph (1)(a) (Class U), “means of subsistence” has the same meaning as in regulation 4 of the Displaced Persons (Temporary Protection) Regulations 2005.]

Textual Amendments

F1 Art. 9(1)(a) substituted (15.6.2005) by The Displaced Persons (Temporary Protection) Regulations 2005 (S.I. 2005/1379), reg. 1, Sch. para. 13

F2 Art. 9(2)(e) inserted (15.6.2005) by The Displaced Persons (Temporary Protection) Regulations 2005 (S.I. 2005/1379), reg. 1, Sch. para. 14

Commencement Information

I1 Art. 9 in force at 3.4.2000, see art. 1(1)

(1)

1992 c. 4. Section 124 was amended by paragraph 30 of Schedule 2, and Schedule 3, to the Jobseekers Act 1995.

(2)

Section 19 was amended by paragraph 67 of Schedule 1 to the Employment Rights Act 1996 (c. 18) and paragraph 141 of Schedule 7 to the Social Security Act 1998 (c. 14).