The Immigration (Eligibility for Assistance) (Scotland and Northern Ireland) (Revocation) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Immigration (Eligibility for Assistance) (Scotland and Northern Ireland) Regulations 2000 (“the 2000 Regulations”).

These Regulations provide that the disapplication of (i) section 115 (exclusion from benefits) and (ii) section 122(5) (support for children) of the Immigration and Asylum Act 1999 (“the 1999 Act”) will come to an end.

Regulation 1 provides for the citation, interpretation and extent of the instrument.

Regulation 2 provides for the commencement of the instrument. As a consequence, the 2000 Regulations will effectively be revoked on 3rd October 2005 in respect of Northern Ireland. They will be revoked on 12th December 2005 in respect of Scotland except in relation to a person who is provided with social assistance under sections 7 and 8 of the Mental Health (Scotland) Act 1984, in which case they will be revoked on 5th October 2005.

Regulation 3 revokes regulations 2, 3, 4 and 5 of the 2000 Regulations. Before their revocation, regulations 2, 3 and 4 had provided that, for specified purposes, section 115 of the 1999 Act did not apply in Scotland or Northern Ireland on and after 3rd April 2000 to certain people who, until that date, were not eligible for certain social security benefits but were eligible for assistance under certain social assistance provisions. Regulations 2, 3, and 4 had preserved that eligibility on and after that date.

Before being revoked, regulation 5 of the 2000 Regulations had provided that section 122(5) of the 1999 Act did not apply in relation to a person or family who or which was provided with assistance under certain child welfare provisions immediately before 3rd April 2000.

Regulation 4 revokes regulation 1 of the 2000 Regulations, which had provided for the citation, commencement, interpretation and extent of that instrument.