The Income Support and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1996

Insertion of regulation 21ZA in the principal Regulations

3.  After regulation 21 of the principal Regulations there shall be inserted the following regulation—

Treatment of refugees

21ZA.— (1) Where a person has submitted a claim for asylum 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(1) as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(2) he shall cease to be a person from abroad for the purposes of regulation 21 (special cases) and Schedule 7 (applicable amounts in special cases) from the date he is so recorded.

(2) Except in the case of a refugee to whom paragraph (3) refers, a refugee to whom paragraph (1) applies, who claims income support within 28 days of receiving the notification referred to in that paragraph, shall have his claim for income support for whichever of the periods referred to in paragraph (4) applies in his case determined as if he had been an asylum seeker for the purposes of regulation 70 (urgent cases) in respect of any such period.

(3) A refugee to whom paragraph (1) applies, who was notified that he had been recorded as a refugee in the period from 24th July 1996 to 15th October 1996 and who claims income support within 28 days of the later date, shall have his claim for income support for whichever of the periods referred to in paragraph (4) applies in his case determined as if he had been an asylum seeker for the purposes of regulation 70 in respect of any such period.

(4) The periods to which this paragraph refers are—

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

(b) in the case of a claimant whose claim for asylum is made other than on arrival in the United Kingdom, the period from the date of that claim, or 5th February 1996 if that is later, to the date he is recorded by the Secretary of State as a refugee.

(5) Any income support, which has otherwise been paid to the claimant or any partner of his in respect of any part of the period of an award to which paragraph (2) or (3) applies, shall be offset against any award due to the claimant by virtue of that paragraph except to the extent that the benefit paid to that partner was due in respect of a period during which he was not a partner of the claimant.”.

(1)

Cmd. 9171.

(2)

Cmd. 3906.