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The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

Changes over time for: The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (Schedules only)

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Regulation 2

SCHEDULEU.K. PERSONS NOT EXCLUDED FROM CERTAIN BENEFITS UNDER SECTION 115 OF THE IMMIGRATION AND ASYLUM ACT 1999

PART IU.K.Persons not excluded under section 115 of the Immigration and Asylum Act from entitlement to [F1universal credit,] income-based jobseeker’s allowance, income support, [F2Income-Related Employment and Support Allowance,] a social fund payment, housing benefit or council tax benefit

F31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

2.  A person who has been given leave to enter or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules within the meaning of the Immigration Act 1971, to be responsible for his maintenance and accommodation and who has not been resident in the United Kingdom for a period of at least five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later and the person or persons who gave the undertaking to provide for his maintenance and accommodation has, or as the case may be, have diedU.K.

3.  A person who–U.K.

(a)has been given leave to enter or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules within the meaning of the Immigration Act 1971, to be responsible for his maintenance and accommodation; and

(b)has been resident in the United Kingdom for a period of at least five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later.

4.  A person who is a national of a state which has ratified the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953 M1) or a state which has ratified the Council of Europe Social Charter (signed in Turin on 18th October 1961) and who is lawfully present in the United Kingdom.U.K.

Marginal Citations

M1Cmd. 9512.

PART IIU.K.Persons not excluded under section 115 of the Immigration and Asylum Act from entitlement to attendance allowance, severe disablement allowance, [F4carer’s allowance], disability living allowance [F5personal independence payment,] a social fund payment[F6, Health in Pregnancy Grant] or child benefit

F71.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

[F82.  A person who is lawfully working in Great Britain and is a national of a State with which—U.K.

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the United Kingdom has concluded an agreement which replaces in whole or in part [F10an agreement under Article 217 of the Treaty on the Functioning of the European Union] which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families.]

3.  A person who is a member of a family of, and living with, a person specified in paragraph 2.U.K.

4.  A person who has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules within the meaning of the Immigration Act 1971, to be responsible for his maintenance and accommodation.U.K.

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