The Social Security (Miscellaneous Amendments) Regulations 1998

PART IV AMENDMENTS WITH RESPECT TO PERSONS FROM ABROAD

Common amendments with respect to persons from abroad

18.—(1) In each of the regulations specified in paragraph (2) below (conditions affecting the entitlement of a person from abroad to the relevant benefits), for the words “to remain in the United Kingdom by the Secretary of State” there shall be substituted the words—

“(i) to enter the United Kingdom by an immigration officer appointed for the purposes of the Immigration Act 1971(1); or

(ii) to remain in the United Kingdom by the Secretary of State”.

(2) The regulations specified in this paragraph are—

(a) regulation 14B(b) of the Child Benefit (General) Regulations 1976(2);

(b) regulation 5(1A)(b) of the Disability Working Allowance Regulations(3);

(c) regulation 3(1A)(b) of the Family Credit Regulations(4);

(d) regulation 2(1A)(b) of the Social Security (Attendance Allowance) Regulations 1991(5);

(e) regulation 2(1A)(b) of the Social Security (Disability Living Allowance) Regulations 1991(6);

(f) regulation 9(1A)(b) of the Social Security (Invalid Care Allowance) Regulations 1976(7); and

(g) regulation 3(1B)(b) of the Social Security (Severe Disablement Allowance) Regulations 1984(8).

(3) In each of the regulations specified in paragraph (4) below (conditions affecting the entitlement of a person from abroad to the relevant benefits) after the words “exceptional leave”there shall be inserted the words “to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971, or”.

(4) The regulations specified in this paragraph are—

(a) regulation 4A(4)(e)(iii) of the Council Tax Benefit Regulations(9);

(b) regulation 7A(4)(e)(iii) of the Housing Benefit Regulations(10);

(c) regulation 21(3) of the Income Support Regulations(11) in sub-paragraph (c) of the second definition of “person from abroad”; and

(d) regulation 85(4) of the Jobseeker’s Allowance Regulations(12) in sub-paragraph (c) of the second definition of “person from abroad”.

Further amendments of the Income Support Regulations and the Jobseeker’s Allowance Regulations

19.—(1) In regulation 72 of the Income Support Regulations(13) (assessment of income and capital in urgent cases)—

(a) for sub-paragraph (a) of paragraph (1) there shall be substituted the following sub-paragraph—

“(a) any income other than—

(i) a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds; or

(ii) income to which paragraph 5, 7 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of income support under regulation 70 of these Regulations or of jobseeker’s allowance under regulation 147 of the Jobseeker’s Allowance Regulations 1996 (urgent cases)), 31, 39(2), (3) or (4), 40, 42, 52 or 57 of Schedule 9 (disregard of income other than earnings) applies,

possessed or treated as possessed by him, shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;”;

(b) in paragraph (2) after the words “Housing Benefits Act 1982” there shall be inserted the words “or any arrears of benefit due under regulation 70 of these Regulations or regulation 147 of the Jobseeker’s Allowance Regulations 1996 (urgent cases)”.

(2) In regulation 149 of the Jobseeker’s Allowance Regulations (assessment of income and capital in urgent cases)—

(a) for sub-paragraph (a) of paragraph (1) there shall be substituted the following sub-paragraph—

“(a) any income other than—

(i) a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds; or

(ii) income to which paragraph 6, 8 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of jobseeker’s allowance under regulation 147 of these Regulations or of income support under regulation 70 of the Income Support Regulations (urgent cases)), 33, 41(2), (3) or (4) or 42 of Schedule 7 (disregard of income other than earnings) applies,

possessed or treated as possessed by him, shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;”;

(b) in paragraph (2) after the words “Housing Benefits Act 1982” there shall be inserted the words “or any arrears of benefit due under regulation 147 of these Regulations or regulation 70 of the Income Support Regulations (urgent cases)”.

(1)

1971 c. 77.

(2)

S.I.1976/965; regulation 14B was inserted by S.I.1996/2327; relevant amending instrument S.I.1996/2530.

(3)

Paragraph (1A) was inserted in regulation 5 by S.I.1996/30.

(4)

Paragraph (1A) was inserted in regulation 3 by S.I.1996/30.

(5)

S.I.1991/2740; paragraph (1A) was inserted in regulation 2 by S.I.1996/30.

(6)

S.I.1991/2890; paragraph (1A) was inserted in regulation 2 by S.I.1996/30.

(7)

S.I.1976/409; paragraph (1A) was inserted in regulation 9 by S.I.1996/30.

(8)

S.I.1984/1303; paragraph (1B) was inserted in regulation 3 by S.I.1996/30.

(9)

Regulation 4A was inserted by S.I.1994/470 and paragraph (4)(e) was added by S.I.1994/1807; relevant amending instruments S.I.1996/1944 and 2432.

(10)

Regulation 7A was inserted by S.I.1994/470 and paragraph (4)(e) was added by S.I.1994/1807; relevant amending instruments S.I.1996/1944 and 2432.

(11)

This definition was inserted in regulation 21(3) by S.I.1994/1807; relevant amending instrument S.I.1996/1944.

(12)

Relevant amending instrument S.I.1996/1516.

(13)

Regulation 72 was amended by S.I.1988/999 and 2022, 1989/1323, 1990/127, 1991/1175, 1992/1101, 1993/963 and 1249 and 1996/2431.