Part VI Support for Asylum-Seekers

Exclusions

115 Exclusion from benefits.

(1)

No person is entitled F1to universal credit under Part 1 of the Welfare Reform Act 2012 or to income-based jobseeker’s allowance under the M1Jobseekers Act 1995 F2or to state pension credit under the State Pension Credit Act 2002 F3or to income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) F4or to personal independence payment or to—

(a)

attendance allowance,

(b)

severe disablement allowance,

(c)

F5carer’s allowance,

(d)

disability living allowance,

F6(e)

income support,

F7(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)

a social fund payment,

F8(ha)

health in pregnancy grant,

(i)

child benefit,

F9(j)

housing benefit, or

F9(k)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

under the M2Social Security Contributions and Benefits Act 1992 while he is a person to whom this section applies.

(2)

No person in Northern Ireland is entitled to F10state pension credit under the State Pension Credit Act (Northern Ireland) 2002, F11 to income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance) F12, to universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 F13, to personal independence payment under Part 5 of that Order or to—

(a)

income-based jobseeker’s allowance under the M3Jobseekers (Northern Ireland) Order 1995, or

(b)

F14disability living allowance or any of the benefits mentioned in paragraphs (a) to (j) of subsection (1),

M4under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 while he is a person to whom this section applies.

(3)

This section applies to a person subject to immigration control unless he falls within such category or description, or satisfies such conditions, as may be prescribed.

(4)

Regulations under subsection (3) may provide for a person to be treated for prescribed purposes only as not being a person to whom this section applies.

(5)

In relation to F15health in pregnancy grant or F16child benefit, “prescribed” means prescribed by regulations made by the Treasury.

(6)

In relation to the matters mentioned in subsection (2) (except so far as it relates to F17health in pregnancy grant or F16child benefit), “prescribed” means prescribed by regulations made by the Department.

(7)

Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 (supplemental powers in relation to regulations) applies to regulations made by the Secretary of State or the Treasury under subsection (3) as it applies to regulations made under that Act.

(8)

Sections 133(2), 171(2) and 172(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 apply to regulations made by the Department under subsection (3) as they apply to regulations made by the Department under that Act.

(9)

“A person subject to immigration control” means a person F18... who—

(a)

requires leave to enter or remain in the United Kingdom but does not have it;

(b)

has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds;

(c)

has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking; or

(d)

has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.

(10)

“Maintenance undertaking”, in relation to any person, means a written undertaking given by another person in pursuance of the immigration rules to be responsible for that person’s maintenance and accommodation.