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

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Persons not excluded from specified benefits under section 115 of the Act

2.—(1) For the purposes of entitlement to income-based jobseeker’s allowance, income support, a social fund payment or housing benefit under the Contributions and Benefits Act, as the case may be, a person falling within a category or description of persons specified in Part I of the Schedule is a person to whom section 115 of the Act does not apply.

(2) For the purposes of entitlement to attendance allowance, severe disablement allowance, invalid care allowance, disability living allowance, a social fund payment or child benefit under the Contributions and Benefits Act, as the case may be, a person falling within a category or description of persons specified in Part II of the Schedule is a person to whom section 115 of the Act does not apply.

(3) For the purposes of entitlement to child benefit, attendance allowance or disability living allowance under the Contributions and Benefits Act, as the case may be, a person in respect of whom there is an order made under section 155 of the Social Security Administration (Northern Ireland) Act 1992 giving effect to a reciprocal agreement in respect of one of those benefits, as the case may be, is a person to whom section 115 of the Act does not apply.

(4) For the purposes of entitlement to—

(a)income support, a social fund payment or housing benefit under the Contributions and Benefits Act, as the case may be, a person who is entitled to or is receiving benefit by virtue of regulation 11(1) or (2) of the Persons from Abroad Regulations is a person to whom section 115 of the Act does not apply;

(b)attendance allowance, disability living allowance, invalid care allowance, severe disablement allowance, a social fund payment or child benefit under the Contributions and Benefits Act, as the case may be, a person who is entitled to or is receiving benefit by virtue of regulation 11(8) is a person to whom section 115 of the Act does not apply.

(5) For the purposes of entitlement to income support by virtue of regulation 70 of the Income Support Regulations (urgent cases), to jobseeker’s allowance by virtue of regulation 147 of the Jobseeker’s Allowance Regulations (urgent cases) or to a social fund payment under the Contributions and Benefits Act, as the case may be, a person to whom regulation 11(3) of these Regulations applies, is a person to whom section 115 of the Act does not apply.

(6) For the purposes of entitlement to housing benefit or a social fund payment under the Contributions and Benefits Act, as the case may be, a person to whom regulation 11(4) applies, is a person to whom section 115 of the Act does not apply.

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