The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

Amendment of the Income Support RegulationsU.K.

3.—(1) The Income Support Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation)–

(a)after the definition of “housing benefit expenditure" there shall be inserted the following definition–

““Immigration and Asylum Act" means the Immigration and Asylum Act 1999 M1;” and

(b)the definition of “immigration authorities" shall be omitted.

(3) In paragraph (3)(a) of regulation 4ZA M2, for the words “ regulation 70(3)(a)" there shall be substituted the words “ paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 ”.

(4) In regulation 21 (special cases)–

(a)in paragraph (1) for the words “regulation 21ZA" there shall be substituted the words “ regulation 21ZB ”;

(b)in paragraph (3) the first definition of “person from abroad" shall be omitted;

(c)in paragraph (3), after the opening words, there shall be inserted the following definition–

““partner of a person subject to immigration control" means a person–

(d)in paragraph (3) in the second definition of “person from abroad" the word “also" shall be omitted.

(5) For regulation 21ZA (treatment of refugees) M3 after the heading there shall be substituted the following regulation–

“21ZB.—(1) This paragraph applies to a person who has submitted a claim for asylum on or after 3rd April 2000 and who 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) Subject to paragraph (3), a person to whom paragraph (1) applies, who claims income support within 28 days of receiving the notification referred to in paragraph (1), shall have his claim for income support determined as if he had been recorded as a refugee on the date when he submitted his claim for asylum.

(3) The amount of support provided under section 95 or 98 of the Immigration and Asylum Act, including support provided by virtue of regulations made under Schedule 9 to that Act, by the Secretary of State in respect of essential living needs of the claimant and his dependants (if any) as specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act shall be deducted from any award of income support due to the claimant by virtue of paragraph (2).”.

(6) In regulation 40 (calculation of income other than earnings)–

(a)at the beginning of paragraph (4) there shall be inserted the words “ Subject to paragraph (5) ”;

(b)in paragraph (4) for the words following “paragraph (1)" there shall be substituted the following sub-paragraphs–

“(a)any payment to which regulation 35(2) M4 or 37(2) (payments not earnings) applies; or

(b)in the case of a claimant who is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act;”;

(c)after paragraph (4) there shall be added the following paragraph–

“(5) In the case of a claimant who is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, there shall not be included as income to be taken into account under paragraph (1) the amount of support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.”.

(7) In regulation 70 (urgent cases)–

(a)in paragraph (2) for sub-paragraph (a) there shall be substituted the following sub-paragraph–

“(a)a claimant to whom paragraph (2A) applies (persons not excluded from income support under section 115 of the Immigration and Asylum Act);”;

(b)after paragraph (2) there shall be inserted the following paragraph–

“(2A) This paragraph applies to a person not excluded from entitlement to income support under section 115 of the Immigration and Asylum Act by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 3 and 4 of Part I of the Schedule to those Regulations applies.”; and

(c)paragraphs (3) M5, (3A) M6 and (3B) shall be omitted.

(8) In regulation 71 (applicable amounts in urgent cases)–

(a)in paragraph (1)(d), for the words “paragraph 17" there shall be substituted the words “ paragraph 16A ”; and

(b)in paragraph (2), for the words “paragraph (3)" in each place where they occur, there shall be substituted the words “ paragraph 2A ”.

(9) In Schedule 1B (prescribed categories of person)–

(a)after paragraph 18, there shall be inserted the following paragraph–

“18A.  A person to whom regulation 21ZB (treatment of refugees) applies by virtue of regulation 21 ZB(2) from the date his claim for asylum is made until the date the Secretary of State makes a decision on that claim.”;

(b)in paragraph 21, for the words “regulation 70(3)" there shall be substituted the words “ regulation 70(2A) ”.

(10) After paragraph 16 of Schedule 7 (applicable amounts in special cases)–

(a)in column (1) there shall be inserted the following paragraph–

“ Partner of a person subject to immigration control

16A.—(a) A claimant who is the partner of a person subject to immigration control.

(b)Where regulation 18 (polygamous marriages) applies and the claimant is a person–

(i)who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or

(ii)to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and

(iii)who is a member of a couple and one or more of his partners is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to income support.”;

(b)in column (2) there shall be inserted the following paragraph–

“16A.—(a) The amount applicable in respect of the claimant only under regulation 17(1)(a) plus that in respect of any child or young person who is a member of his family and who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act, and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support, any amounts which may be applicable to him under regulation 17(1)(b), (c) or (d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 19 or 21.

(b)The amount determined in accordance with that regulation or regulation 19 or 21 in respect of the claimant and any partners of his and any child or young person for whom he or his partner is treated as responsible, who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support.”.

(11) In paragraph 17 of Schedule 7 (applicable amounts in special cases) for the words in column (1) there shall be substituted the words “ person from abroad ” and for the words in column (2) there shall be substituted the word “ nil ”.

(12) In paragraph 21 of Schedule 9 (treatment of income in kind) M7–

(a)in sub-paragraph (1) for the words “Subject to sub-paragraph (2)" there shall be substituted the words “ Subject to sub-paragraphs (2) and (3) ”;

(b)in sub-paragraph (1) after the words “except where" there shall be added the following words–

“regulation 40(4)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or”;

(c)after sub-paragraph (2) there shall be added the following sub-paragraph–

“(3) The first exception under sub-paragraph (1) shall not apply where the claimant is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act and the income in kind is support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.”.

(13) In paragraph 57 of Schedule 9 (disregards in the calculation of income other than earnings) and paragraph 49 of Schedule 10 (capital to be disregarded) for the words “regulation 21ZA" there shall be substituted the words “ regulation 21ZB ”.