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

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Part IPersons not excluded under section 115 of the Immigration and Asylum Act from entitlement to income-based jobseeker’s allowance, income support, a social fund payment or housing benefit

1.  A person who—

(a)has limited leave (as defined in section 33(1) of the Immigration Act 1971(1) to enter or remain in the United Kingdom which was given in accordance with the immigration rules (as defined in that section) relating to—

(i)there being or there needing to be, no recourse to public funds, or

(ii)there being no charge on public funds,

during that period of limited leave; and

(b)having, during any one period of limited leave (including any such period as extended), supported himself without recourse to public funds, other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted, provided there is a reasonable expectation that his supply of funds will be resumed.

2.  A person who has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules within the meaning of the Immigration Act 1971, to be responsible for his maintenance and accommodation and who has not been resident in the United Kingdom for a period of at least five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later and the person or persons who gave the undertaking to provide for his maintenance and accommodation has, or as the case may be, have died.

3.  A person who—

(a)has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules within the meaning of the Immigration Act 1971, to be responsible for his maintenance and accommodation; and

(b)has been resident in the United Kingdom for a period of at least five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later.

4.  A person who is a national of a state which has ratified the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953(2)) or a state which has ratified the Council of Europe Social Charter (signed in Turin on 18th October 1961(3)) and who is lawfully present in the United Kingdom.

(2)

Cmnd. 9512

(3)

Cmnd. 2643

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