Nationality, Immigration and Asylum Act 2002

Exceptions

2 (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.