PART 2Prescribed classes of persons
Pensioners11.
(1)
(2)
Pensioners whose capital exceeds £16,000 are a class of person prescribed for the purposes of that paragraph and which must not be included in an authority’s scheme.
(3)
Capital for the purposes of paragraph (2) is to be calculated in accordance with Part 6 of Schedule 1.
Persons treated as not being in Great Britain12.
(1)
Persons treated as not being in Great Britain are a class of person prescribed for the purposes of paragraph 2(9)(b) of Schedule 1A to the 1992 Act and which must not be included in an authority’s scheme.
(2)
Except where a person falls within paragraph (5) or (6), a person is to be treated as not being in Great Britain if the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
(3)
A person must not be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless the person has a right to reside in one of those places.
(4)
For the purposes of paragraph (3), a right to reside does not include a right which exists by virtue of, or in accordance with—
F2(aa)
regulation 14 of the EEA Regulations, but only in a case where the right exists under that regulation because the person is—
(i)
a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations,
(ii)
a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;
F3(ab)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(4A)
For the purposes of paragraph (3), a right to reside does not include a right which exists by virtue of a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—
F8(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
Appendix EU to the immigration rules made under section 3(2) of that Act; F9...
(c)
being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act F10; or
(d)
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
F11(4B)
Paragraph (4A)(b) does not apply to a person who—
(a)
has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
(b)
would have a right to reside under the EEA Regulations if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (4)(a) or (b).
(5)
A person falls within this paragraph if the person is—
F12(za)
a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—
(i)
the Afghan Relocations and Assistance Policy; or
(ii)
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);
(zb)
a person in Great Britain not coming within sub-paragraph (za) or F13(e) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;
F14(zc)
a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—
(i)
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;
(ii)
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or
(iii)
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
F15(zd)
a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—
(i)
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,
(ii)
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or
(iii)
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
(ze)
a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—
(i)
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,
(ii)
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or
(iii)
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
F16(zf)
a person who—
(i)
was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—
(aa)
provided public information to advise British nationals to leave that country or territory, or
(bb)
arranged the evacuation of British nationals from that country or territory;
(ii)
has left that country or territory and is present in Great Britain; and
(iii)
has—
(aa)
a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,
(bb)
no requirement of leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,
(cc)
leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or
(dd)
leave on a discretionary basis outside of rules made under section 3(2) of that Act; or
(zg)
a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules;
(a)
(b)
a family member of a person referred to in sub-paragraph (a) F17...;
(c)
a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations;
F18(ca)
a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (4A)(b), provided that the relevant person of Northern Ireland falls within paragraph (5)(a), or would do so but for the fact that they are not an EEA national;
(cb)
a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020;
(cc)
a family member of a person referred to in sub-paragraph (cb), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;
(d)
a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;
F19(e)
a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971 F20...
(f)
a person who has humanitarian protection granted under those rules; F21...
(g)
F22(h)
F26(ha)
F29(hb)
in receipt of universal credit.
F30(i)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31(5A)
Paragraph (5)(zf) does not apply after the expiry of 6 months beginning on the day on which the public information is issued, or the evacuation is started.
(6)
A person falls within this paragraph if the person is a Crown servant or member of Her Majesty’s forces posted overseas.
(7)
A person mentioned in sub-paragraph (6) is posted overseas if the person is performing overseas the duties of a Crown servant or member of Her Majesty’s forces and was, immediately before the posting or the first of consecutive postings, habitually resident in the United Kingdom.
(8)
In this regulation—
“Crown servant” means a person holding an office or employment under the Crown;
F32“EEA national” has the meaning given in regulation 2(1) of the EEA Regulations;
“EEA Regulations” means the Immigration (European Economic Area) Regulations F332016 F34and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020; and
F32“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the EEA Regulations, except that regulation 7(4) of the EEA Regulations does not apply for the purposes of paragraphs (4B) and (5)(ca);
F32“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.
“Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006.
Persons subject to immigration control13.
(1)
F35Persons subject to immigration control are a class of person prescribed for the purposes of paragraph 2(9)(b) of Schedule 1A to the 1992 Act and which must not be included in an authority’s scheme.
F36(1A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
“Person subject to immigration control” has the same meaning as in section 115(9) of the Immigration and Asylum Act 1999.