The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Persons from abroad

4.—(1) Sub-paragraphs (2) to (5) apply where, in relation to a claim for income support, a social fund payment, housing benefit or council tax benefit, as the case may be, a person has submitted a claim for asylum on or before 2nd April 2000 and is notified that he has been recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967.

(2) Where this paragraph applies, the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall have effect, subject to sub-paragraph (3), as if—

(a) in Schedule A1(1) to both those Regulations—

(i) in paragraph 1, in sub-paragraph (1), for the words “his claim for housing benefit” to the end of the sub-paragraph, substitute “his claim for housing benefit shall be treated as having been made on whichever of the dates specified in sub-paragraph (2) applies in his case”;

(ii) for sub-paragraph (2), substitute—

“(2) A claim for housing benefit to which sub-paragraph (1) refers shall be treated as made—

(a) in the case of a claimant who made a claim for asylum upon arrival in the United Kingdom, on the date on which his claim for asylum was first refused by the Secretary of State or 5th February 1996 if that is later; or

(b) in the case of a claimant whose claim for asylum was made other than on arrival in the United Kingdom, on the date of that claim for asylum or 5th February 1996 if that is later.”;

(iii) for paragraph 2, substitute—

“2.— (1) A claim for housing benefit for the relevant period may be made to the relevant authority for the area in which the dwelling which the claimant occupied as his home was situate and in respect of which he was liable to make payments.

(2) Where the claimant has occupied more than one dwelling as his home in the relevant period, only one claim for housing benefit shall be made in respect of that period and shall be made to the relevant authority for the area in which the dwelling which he last occupied in that period was situate.

(3) The relevant authority to which a claim for housing benefit is made in accordance with this paragraph, shall determine the claimant’s entitlement to that benefit for the whole of the relevant period.

(4) A claim for housing benefit, to which this paragraph refers, shall be made—

(a) in the case of a claimant who was notified by the Secretary of State in the period from 24th July 1996 to 15th October 1996 that he had been recorded as a refugee, within 28 days of the later date;

(b) in any other case, within 28 days of a claimant being notified by the Secretary of State that he has been recorded as a refugee.

(5) Regulation 83(12) of these Regulations (backdating of claims) shall not have effect with respect to claims to which this Schedule applies.”;

(b) in Schedule 5 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings), for paragraph 56, substitute—

“55B.   Any amount of income support to which a person is entitled by virtue of regulation 21ZA of the Income Support (General) Regulations 1987(2)(treatment of refugees), as in force on 2nd April 2000.”;

(c) in Schedule 6 to the Housing Benefit Regulations (capital to be disregarded), for paragraph 55B, substitute—

“48B.   Any amount of income support to which a person is entitled by virtue of regulation 21ZA of the Income Support Regulations(3) (treatment of refugees), as in force on 2nd April 2000.”.

(3) In the Housing Benefit (State Pension Credit) Regulations, the reference to regulation 83(12) in paragraph 2(5) of Schedule 1A, as substituted by sub-paragraph (2) above, is a reference to regulation 64(13).

(4) Where this paragraph applies, the Council Tax Benefit Regulations and the Council Tax Benefit (State Pension Credit) Regulations shall have effect, subject to sub-paragraph (5), as if—

(a) in Schedule A1(4) to both those Regulations—

(i) in paragraph 1, in sub-paragraph (1), for the words “his claim for council tax benefit” to the end of the sub-paragraph, substitute “his claim for council tax benefit shall be treated as having been made on whichever of the dates specified in sub-paragraph (2) applies in his case”;

(ii) for sub-paragraph (2), substitute—

“(2) A claim for council tax benefit to which sub-paragraph (1) refers shall be treated as made—

(a) in the case of a claimant who made a claim for asylum upon arrival in the United Kingdom, on the date on which his claim for asylum was first refused by the Secretary of State or 5th February 1996 if that is later; or

(b) in the case of a claimant whose claim for asylum was made other than on arrival in the United Kingdom, on the date of that claim for asylum or 5th February 1996 if that is later.”;

(iii) for paragraph 2, substitute—

“2.— (1) A claim for council tax benefit for the relevant period may be made to the relevant authority for the area where the dwelling in which the claimant resided was situate and in respect of which he was liable for council tax.

(2) Where the claimant has resided in more than one such dwelling in the relevant period, only one claim for council tax benefit shall be made in respect of that period and shall be made to the relevant authority for the area in which the dwelling in which he last resided in that period was situate.

(3) The relevant authority to which a claim for council tax benefit is made in accordance with this paragraph, shall determine the claimant’s entitlement to that benefit for the whole of the relevant period.

(4) A claim for council tax benefit, to which this paragraph refers, shall be made—

(a) in the case of a claimant who was notified by the Secretary of State in the period from 24th July 1996 to 15th October 1996 that he had been recorded as a refugee, within 28 days of the later date;

(b) in any other case, within 28 days of a claimant being notified by the Secretary of State that he has been recorded as a refugee.

(5) Regulation 69(14) of these Regulations (backdating of claims) shall not have effect with respect to claims to which this Schedule applies.”

(b) in Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings), for paragraph 56B, substitute—

“56B.   Any amount of income support to which a person is entitled by virtue of regulation 21ZA of the Income Support (General) Regulations 1987(5)(treatment of refugees), as in force on 2nd April 2000.”.

(c) in Schedule 5 to the Council Tax Benefit Regulations (capital to be disregarded), for regulation 53B, substitute—

“53B.   Any amount of income support to which a person is entitled by virtue of regulation 21ZA of the Income Support Regulations(6) (treatment of refugees), as in force on 2nd April 2000.”.

(5) In the Council Tax Benefit (State Pension Credit) Regulations, the reference to regulation 69(14) in paragraph 2(5) of Schedule 1A, as substituted by sub-paragraph (4) above, is a reference to regulation 53(13).

(1)

See regulation 7 and Schedule 4, paragraph 3 for regulation 7A and Schedule A1 (claims by refugees).

(2)

S.I. 1987/1967; A relevant amending instrument is S.I. 1996/2431.

(3)

S.I. 1987/1967; regulation 21ZA was inserted by S.I. 1996/2431.

(4)

See regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

(5)

S.I. 1987/1967; relevant amending instrument is S.I. 1996/2431.

(6)

S.I. 1987/1967; regulation 21ZA was inserted by S.I. 1996/2431.