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

Amendment of the Income Support Regulations

5.—(1) The Income Support Regulations shall be amended in accordance with paragraphs (2) to (11).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “the Contributions and Benefits Act”(1) there shall be inserted the following definition—

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

(b) the definition of “immigration authorities”(2) shall be omitted.

(3) In regulation 4ZA(3)(a)(3) (prescribed categories of person) for “regulation 70(3)(a)” there shall be substituted “paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000”.

(4) In regulation 21(3) (special cases)—

(a) for the first definition of “person from abroad” there shall be substituted the following definition—

• ““partner of a person subject to immigration control” means a person—

  (a)

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

  (b)

  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 (Northern Ireland) 2000; and

  (c)

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

(b) in the second definition of “person from abroad”(4) the word “also” shall be omitted.

(5) For regulation 21A(5) (treatment of refugees) there shall be substituted the following regulation—

“21A.— (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(6) as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(7).

(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) in paragraph (4) at the beginning there shall be inserted “Subject to paragraph (5),” and for the words from “paragraph (1)” to the end there shall be substituted—

• “paragraph (1)—

  (a)

  any payment to which regulation 35(2) 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.”; and

(b) 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 (Northern Ireland) 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)(8), (3A) and (3B)(9)shall be omitted.

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

(a) in paragraph (1)(d)(10) for “paragraph 15” there shall be substituted “paragraph 14A”; and

(b) in paragraph (2) for the words from “regulation 70(3)” to the end there shall be substituted “regulation 70(2A) (urgent cases) applies shall be any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which that regulation applies.”.

(9) In Schedule 1B(11) (prescribed categories of person)—

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

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

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

(10) In Schedule 7 (applicable amounts in special cases)—

(a) after paragraph 14 there shall be inserted the following paragraph—

“Partner of a person subject to immigration control 14A.— (a) A claimant who is the partner of a person subject to immigration control. 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.

14A.— (a) The amount applicable in respect of the claimant only under regulation 17(1)(a) plus that in respect of any child or young

(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 (Northern Ireland) 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 that partner for the purposes of exclusion from entitlement to income support.

(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.”;

(b) for paragraph 15 there shall be substituted the following paragraph—

“Persons from abroad 15.   Person from abroad.

Nil.”.

(11) In Schedule 9 (treatment of income in kind) in paragraph 21(12)—

(a) in sub-paragraph (1) for “Subject to sub-paragraph (2), except where” there shall be substituted “Subject to sub-paragraphs (2) and (3), except where regulation 40(4)(b)(13) (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”; and

(b) 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.”.

(1)

The definition of “the Contributions and Benefits Act” was inserted by regulation 4(2)(a) of S.R. 1993 No. 373

(2)

The definition of “immigration authorities” was inserted by regulation 5(2) of S.R. 1996 No. 405

(3)

Regulation 4ZA was inserted by regulation 4 of S.R. 1996 No. 199

(4)

The second definition of “person from abroad” was inserted by regulation 2(1) of S.R. 1994 No. 266 and amended by regulation 5(6)(b) of S.R. 1996 No. 405 and regulation 11(3) of S.R. 1998 No. 81

(5)

Regulation 21A was inserted by regulation 2(3) of S.R. 1996 No. 449

(6)

Cmnd. 9171

(7)

Cmnd. 3906

(8)

Paragraph (3) was amended by regulation 2(2) of S.R. 1993 No. 311 and regulation 4(3)(a) of S.R. 1996 No. 11

(9)

Paragraphs (3A) and (3B) were inserted by regulation 2(3) of S.R. 1993 No. 311 and amended by regulation 4(3)(b) and (c) of S.R. 1996 No. 11 respectively

(10)

Sub-paragraph (d) was added by regulation 26(b) of S.R. 1988 No. 146

(11)

Schedule 1B was inserted by Schedule 1 to S.R. 1996 No. 199

(12)

Paragraph 21 was substituted by regulation 36(d) of S.R. 1988 No. 146

(13)

Regulation 40(4) is amended by regulation 5(6) of these Regulations