The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1994

Amendment of the Income Support (General) Regulations 1987

4.—(1) In paragraph (3) of regulation 21 of the Income Support (General) Regulations 1987(1) (special cases) after the definition of “person from abroad” there shall be inserted the following definition—

• ““person from abroad” also means a claimant who is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose, no claimant shall be treated as not habitually resident in the United Kingdom who is—

  (a)

  a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC; or

  (b)

  a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(2), as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(3) ; or

  (c)

  a person who has been granted exceptional leave(4) to remain in the United Kingdom by the Secretary of State.”.

(2) The provisions of this regulation shall only apply in the case of a claimant who was entitled to income support on 31st July 1994 where a claim for income support is made or treated as made by or in respect of him after that date, and where those provisions do apply they shall apply from the first day of the period in respect of which that claim is made.

(1)

S.I. 1987/1967; the relevant amending instruments are S.I. 1990/547, 1991/236 and 1993/315.

(2)

Cmnd. 9171.

(3)

Cmnd. 3906.

(4)

For a description of “exceptional leave”, see Home Office evidence to the House of Commons Home Affairs Committee, Sub-Committee on Race Relations and Immigration (SCORRI) 1984-5 Session; 17th December 1984; paragraphs 44 to 47.