SCHEDULES

C1C2SCHEDULE 3Withholding and Withdrawal of Support

Annotations:
Modifications etc. (not altering text)

Exceptions

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1

Paragraph 1 does not prevent the provision of support or assistance—

a

to a British citizen, or

b

to a child, or

c

under or by virtue of regulations made under paragraph 8, 9 or 10 below, or

d

in a case in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1, or

e

in circumstances in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1.

2

Regulations under sub-paragraph (1)(d) may confer a discretion on the Secretary of State.

3

Regulations under sub-paragraph (1)(e) may, in particular, disapply paragraph 1 to the provision of support or assistance by a local authority to a person where the authority—

a

has taken steps in accordance with guidance issued by the Secretary of State to determine whether paragraph 1 would (but for the regulations) apply to the person, and

b

has concluded on the basis of those steps that there is no reason to believe that paragraph 1 would apply.

4

Regulations under sub-paragraph (1)(d) or (e) may confer a discretion on an authority.

5

A local authority which is considering whether to give support or assistance to a person under a provision listed in paragraph 1(1) shall act in accordance with any relevant guidance issued by the Secretary of State under sub-paragraph (3)(a).

6

A reference in this Schedule to a person to whom paragraph 1 applies includes a reference to a person in respect of whom that paragraph is disapplied to a limited extent by regulations under sub-paragraph (1)(d) or (e), except in a case for which the regulations provide otherwise.