The Income Support (General) Amendment No. 3 Regulations 1993

Urgent Cases

2.—(1) Regulation 70 of the Income Support Regulations(1) (urgent cases) shall be further amended in accordance with the following provisions of this regulation.

(2) In paragraph (3)—

(a)for sub-paragraph (b), there shall be substituted the following sub-paragraph—

“(b)is an asylum seeker for the purposes of paragraph 3A;”; and

(b)sub-paragraph (d) shall be omitted.

(3) After paragraph (3), there shall be inserted the following paragraphs—

“(3A) For the purposes of this paragraph, a person—

(a)becomes an asylum seeker when he has submitted a claim for asylum to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed from, or required to leave, the United Kingdom and that claim is recorded by the Secretary of State as having been made; and

(b)ceases to be an asylum seeker when his claim is recorded by the Secretary of State as having been finally determined or abandoned.

(3B) In paragraph (3A), “the Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the protocol to that Convention.”.

(4) In the case of a claimant who was entitled to income support by virtue of regulation 70 of the Income Support Regulations for the benefit week which includes 2nd August 1993, then in respect of each day after that date on which the claimant’s entitlement to income support continues, regulation 70 shall continue to apply in his case as if the preceding provisions of this regulation had not been made.