SCHEDULES
SCHEDULE 3

Withholding and Withdrawal of Support

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.
3
Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of—
a
a person’s Convention rights, ...
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 3 para. 2 wholly in force at 8.1.2003; Sch. 3 para. 2 not in force at Royal Assent see s. 162(2); Sch. 3 para. 2 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.
Sch. 3 applied (with modifications) (25.2.2008) by The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 (S.I. 2008/212), regs. 1, 5(b), Sch. 2
Sch. 3 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(k)
Sch. 3 para. 3(b) and preceding word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 13(4)(a)