Asylum and Immigration Act 1996

Part ISocial Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996

Preliminary

1In this Part of this Schedule—

(a)“the 1996 Regulations” means the [S.I. 1996/30.] Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996; and

(b)expressions which are used in the 1996 Regulations have the same meanings as in those Regulations.

Income support

2In regulation 8 of the 1996 Regulations (amendment of the Income Support Regulations)—

(a)paragraph (2) so far as relating to the sub-paragraph added to regulation 21(3) of the Income Support Regulations as sub-paragraph (j); and

(b)paragraph (3)(c) and (d),

shall have effect as if the 1996 Regulations had been made, and had come into force, on the day on which this Act is passed.

Housing benefit

3In regulation 7 of the 1996 Regulations (amendment of regulation 7A of the Housing Benefit Regulations)—

(a)paragraph (a) so far as relating to the sub-paragraph added to regulation 7A(4) of the Housing Benefit Regulations as sub-paragraph (g);

(b)paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 7A(5) of those Regulations; and

(c)paragraph (c),

shall have effect as if the 1996 Regulations had been made, and had come into force, on the day on which this Act is passed.

Council tax benefit

4In regulation 3 of the 1996 Regulations (amendment of regulation 4A of the Council Tax Benefit Regulations)—

(a)paragraph (a) so far as relating to the sub-paragraph added to regulation 4A(4) of the Council Tax Benefit Regulations as sub-paragraph (g);

(b)paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 4A(5) of those Regulations; and

(c)paragraph (c),

shall have effect as if the 1996 Regulations had been made, and had come into force, on the day on which this Act is passed.

General

5Regulation 12(1) of the 1996 Regulations (saving) shall have effect as if after the words “shall continue to have effect” there were inserted the words “(both as regards him and as regards persons who are members of his family at the coming into force of these Regulations)”.

6(1)Subject to sub-paragraph (2) below, any person who is excluded from entitlement to income support, housing benefit or council tax benefit by any of the provisions which are modified by the preceding provisions of this Part of this Schedule—

(a)shall not be entitled to the benefit for any period beginning on or after the day on which this Act is passed; and

(b)shall not be entitled to the benefit for any period beginning on or after 5th February 1996 except on a claim made before the day on which this Act is passed, or an application made before that day for the review of a decision.

(2)Nothing in this paragraph shall apply in any case where a person is entitled to the benefit in question either—

(a)by virtue of regulation 12(1) of the 1996 Regulations (saving); or

(b)by virtue of regulations making such provision as is mentioned in section 11(2) of this Act.