text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000.
2
These Regulations shall come into force on 3rd April 2000.
3
In these Regulations–
“ the Act ” means the Immigration and Asylum Act 1999;
“the Attendance Allowance Regulations ” means the Social Security (Attendance Allowance) Regulations 1991 ;
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Living Allowance Regulations ” means the Social Security (Disability Living Allowance) Regulations 1991 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Invalid Care Allowance Regulations ” means the Social Security (Invalid Care Allowance) Regulations 1976 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“the Persons from Abroad Regulations ” means the Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996 ;
“the Severe Disablement Allowance Regulations ” means the Social Security (Severe Disablement Allowance) Regulations 1984 .
4
In these Regulations, unless the context otherwise requires, a reference–
a
to a numbered regulation or Schedule is to the regulation in, or the Schedule to, these Regulations bearing that number;
b
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.
Persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999
2
1
For the purposes of entitlement to income-based jobseeker’s allowance, income support, a social fund payment, housing benefit or council tax benefit under the Contributions and Benefits Act, as the case may be, a person falling within a category or description of persons specified in Part I of the Schedule is a person to whom section 115 of the Act does not apply.
2
For the purposes of entitlement to attendance allowance, severe disablement allowance, invalid care allowance, disability living allowance, a social fund payment or child benefit under the Contributions and Benefits Act, as the case may be, a person falling within a category or description of persons specified in Part II of the Schedule is a person to whom section 115 of the Act does not apply.
3
For the purposes of entitlement to child benefit, attendance allowance or disability living allowance under the Contributions and Benefits Act, as the case may be, a person in respect of whom there is an Order in Council made under section 179 of the Social Security Administration Act 1992 giving effect to a reciprocal agreement in respect of one of those benefits, as the case may be, is a person to whom section 115 of the Act does not apply.
4
For the purposes of entitlement to–
a
income support, a social fund payment, housing benefit or council tax benefit under the Contributions and Benefits Act, as the case may be, a person who is entitled to or is receiving benefit by virtue of paragraph (1) or (2) of regulation 12 of the Persons from Abroad Regulations is a person to whom section 115 of the Act does not apply;
b
attendance allowance, disability living allowance, invalid care allowance, severe disablement allowance, a social fund payment or child benefit under the Contributions and Benefits Act, as the case may be, a person who is entitled to or is receiving benefit by virtue of paragraph (10) of regulation 12 is a person to whom section 115 of the Act does not apply.
5
For the purposes of entitlement to income support by virtue of regulation 70 of the Income Support Regulations (urgent cases), to jobseeker’s allowance by virtue of regulation 147 of the Jobseeker’s Allowance Regulations (urgent cases) or to a social fund payment under the Contributions and Benefits Act, as the case may be, a person to whom regulation 12(3) applies is a person to whom section 115 of the Act does not apply.
6
For the purposes of entitlement to housing benefit, council tax benefit or a social fund payment under the Contributions and Benefits Act, as the case may be, a person to whom regulation 12(6) applies is a person to whom section 115 of the Act does not apply.
Amendment of the Income Support Regulations
3
1
The Income Support Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation)–
a
after the definition of “housing benefit expenditure” there shall be inserted the following definition–
“ Immigration and Asylum Act ” means the Immigration and Asylum Act 1999 ;
and
b
the definition of “immigration authorities” shall be omitted.
3
In paragraph (3)(a) of regulation 4ZA , for the words “ regulation 70(3)(a)” there shall be substituted the words “paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000”.
4
In regulation 21 (special cases)–
a
in paragraph (1) for the words “regulation 21ZA” there shall be substituted the words “regulation 21ZB”;
b
in paragraph (3) the first definition of “person from abroad” shall be omitted;
c
in paragraph (3), after the opening words, there shall be inserted the following definition–
“partner of a person subject to immigration control” means a person–
who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or
to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and
who is a member of a couple and his partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to income support;
; and
d
in paragraph (3) in the second definition of “person from abroad” the word “also” shall be omitted.
5
For regulation 21ZA (treatment of refugees) after the heading there shall be substituted the following regulation–
21ZB
1
This paragraph applies to a person who has submitted a claim for asylum on or after 3rd April 2000 and who is notified that he has been 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.
2
Subject to paragraph (3), a person to whom paragraph (1) applies, who claims income support within 28 days of receiving the notification referred to in paragraph (1), shall have his claim for income support determined as if he had been recorded as a refugee on the date when he submitted his claim for asylum.
3
The amount of support provided under section 95 or 98 of the Immigration and Asylum Act, including support provided by virtue of regulations made under Schedule 9 to that Act, by the Secretary of State in respect of essential living needs of the claimant and his dependants (if any) as specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act shall be deducted from any award of income support due to the claimant by virtue of paragraph (2).
.
6
In regulation 40 (calculation of income other than earnings)–
a
at the beginning of paragraph (4) there shall be inserted the words “ Subject to paragraph (5)”;
b
in paragraph (4) for the words following “paragraph (1)” there shall be substituted the following sub-paragraphs–
a
any payment to which regulation 35(2) or 37(2) (payments not earnings) applies; or
b
in the case of a claimant who is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act;
;
c
after paragraph (4) there shall be added the following paragraph–
5
In the case of a claimant who is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, there shall not be included as income to be taken into account under paragraph (1) the amount of support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.
.
7
In regulation 70 (urgent cases)–
a
in paragraph (2) for sub-paragraph (a) there shall be substituted the following sub-paragraph–
a
a claimant to whom paragraph (2A) applies (persons not excluded from income support under section 115 of the Immigration and Asylum Act);
;
b
after paragraph (2) there shall be inserted the following paragraph–
2A
This paragraph applies to a person not excluded from entitlement to income support under section 115 of the Immigration and Asylum Act by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 3 and 4 of Part I of the Schedule to those Regulations applies.
; and
c
paragraphs (3) , (3A) and (3B) shall be omitted.
8
In regulation 71 (applicable amounts in urgent cases)–
a
in paragraph (1)(d), for the words “paragraph 17” there shall be substituted the words “paragraph 16A”; and
b
in paragraph (2), for the words “paragraph (3)” in each place where they occur, there shall be substituted the words “paragraph 2A”.
9
In Schedule 1B (prescribed categories of person)–
a
after paragraph 18, there shall be inserted the following paragraph–
18A
A person to whom regulation 21ZB (treatment of refugees) applies by virtue of regulation 21 ZB(2) from the date his claim for asylum is made until the date the Secretary of State makes a decision on that claim.
;
b
in paragraph 21, for the words “regulation 70(3)” there shall be substituted the words “regulation 70(2A)”.
10
After paragraph 16 of Schedule 7 (applicable amounts in special cases)–
a
in column (1) there shall be inserted the following paragraph–
Partner of a person subject to immigration control
16A
a
A claimant who is the partner of a person subject to immigration control.
b
Where regulation 18 (polygamous marriages) applies and the claimant is a person–
i
who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or
ii
to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and
iii
who is a member of a couple and one or more of his partners is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to income support.
;
b
in column (2) there shall be inserted the following paragraph–
16A
a
The amount applicable in respect of the claimant only under regulation 17(1)(a) plus that in respect of any child or young person who is a member of his family and who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act, and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support, any amounts which may be applicable to him under regulation 17(1)(b), (c) or (d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 19 or 21.
b
The amount determined in accordance with that regulation or regulation 19 or 21 in respect of the claimant and any partners of his and any child or young person for whom he or his partner is treated as responsible, who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support.
.
11
In paragraph 17 of Schedule 7 (applicable amounts in special cases) for the words in column (1) there shall be substituted the words “person from abroad” and for the words in column (2) there shall be substituted the word “nil”.
12
In paragraph 21 of Schedule 9 (treatment of income in kind) –
a
in sub-paragraph (1) for the words “Subject to sub-paragraph (2)” there shall be substituted the words “Subject to sub-paragraphs (2) and (3)”;
b
in sub-paragraph (1) after the words “except where” there shall be added the following words–
regulation 40(4)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or
;
c
after sub-paragraph (2) there shall be added the following sub-paragraph–
3
The first exception under sub-paragraph (1) shall not apply where the claimant is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act and the income in kind is support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.
.
13
In paragraph 57 of Schedule 9 (disregards in the calculation of income other than earnings) and paragraph 49 of Schedule 10 (capital to be disregarded) for the words “regulation 21ZA” there shall be substituted the words “ regulation 21ZB”.
Amendment of the Jobseeker’s Allowance Regulations
4
1
The Jobseeker’s Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(3) (interpretation) after the definition of “housing benefit expenditure” there shall be inserted the following definition–
“Immigration and Asylum Act” means the Immigration and Asylum Act 1999 ;
.
3
In regulation 85(4) (special cases)–
a
the first definition of “person from abroad” shall be omitted;
b
in the second definition of “person from abroad” the word “also ” shall be omitted; and
c
at the beginning of paragraph (4), after the opening words, there shall be inserted the following definition–
“partner of a person subject to immigration control” means a person–
who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or
to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and
who is a member of a couple and his partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to jobseeker’s allowance;.
4
In regulation 103(6) (calculation of income other than earnings) for the words following “paragraph (1)” there shall be substituted the following sub-paragraphs–
a
any payment to which regulation 98(2)(a) to (e) or 100(2) (payments not earnings) applies; or
b
in the case of a claimant who is receiving support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.
.
5
In regulation 147 (urgent cases)–
a
in paragraph (2) for sub-paragraph (a) there shall be substituted the following sub-paragraph–
a
a claimant to whom paragraph (2A) applies (persons not excluded from income-based jobseeker’s allowance under section 115 of the Immigration and Asylum Act);
;
b
after paragraph (2) there shall be inserted the following paragraph–
2A
This paragraph applies to a person not excluded from entitlement to income-based jobseeker’s allowance under section 115 of the Immigration and Asylum Act by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 3 and 4 of Part I to the Schedule to those Regulations applies.
; and
c
paragraph (3), (4) and (5) shall be omitted.
6
In regulation 148(1)(d) (applicable amount in urgent cases) for the words “ paragraph 14” there shall be substituted the words “paragraph 13A”.
7
After paragraph 13 of Schedule 5 (applicable amounts in special cases)–
a
in column (1) there shall be inserted the following paragraph–
Partner of a person subject to immigration control
13A
a
A claimant who is the partner of a person subject to immigration control.
b
Where regulation 84 (polygamous marriages) applies and the claimant is a person–
i
who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or
ii
to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and
iii
who is a member of a couple and one or more of his partners is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to her for the purposes of exclusion from entitlement to income-based jobseeker’s allowance.
;
b
in column (2) there shall be inserted the following paragraph–
13A
a
The amount applicable in respect of the claimant only under regulation 83(a) plus that in respect of any child or young person who is a member of his family and who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to jobseeker’s allowance, any amounts which may be applicable to him under regulation 83(b), (d) or (e) plus the amount applicable to him under regulation 87(2) or (3) or, as the case may be, regulation 85 or 86.
b
The amount determined in accordance with that regulation or regulation 85 or 86 in respect of the claimant and any partners of his and any child or young person for whom he or his partner is treated as responsible, who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to jobseeker’s allowance.
.
8
In paragraph 14 of Schedule 5, for the words in column (1) there shall be substituted the words “person from abroad” and for the words in column (2) there shall be substituted the word “nil”.
9
In paragraph 22 of Schedule 7 (treatment of income in kind)–
a
in sub-paragraph (1) for the words “Subject to sub-paragraph (2)” there shall be substituted the words “Subject to sub-paragraphs (2) and (3)”;
b
in sub-paragraph (1) after the words “except where” there shall be added the following words–
regulation 103(6)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or
; and
c
after sub-paragraph (2) there shall be added the following sub-paragraph–
3
The first exception under sub-paragraph (1) shall not apply where the claimant is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act and the income in kind is support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.
.
Amendment of the Claims and Payments Regulations
5
1
The Claims and Payments Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3C) of regulation 4 (making a claim for benefit) for the words “regulation 21ZA(2)” there shall be substituted the words “ regulation 21ZB(2)”.
3
In paragraph (4D) of regulation 6 (date of claim) for sub-paragraphs (a) and (b) there shall be substituted the following words–
on the date on which his claim for asylum was recorded by the Secretary of State as having been made.
.
4
In paragraph (8) of regulation 19 (time for claiming benefit) for the words “regulation 21ZA(2)” there shall be substituted the words “regulation 21ZB”.
Amendment of the Housing Benefit Regulations
6
1
The Housing Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) after the definition of “housing association” there shall be inserted the following definition–
“Immigration and Asylum Act” means the Immigration and Asylum Act 1999 ;
.
3
In regulation 7A (persons from abroad)–
a
paragraphs (2), (3), (4)(a), (b), (c), (d), (e)(iv), (v) and (vi), (f) and (g), (4A), (5)(a), (b) and (c) and (5A) shall be omitted;
b
in paragraph (6) the words “Paragraphs (3)(b) and (4A)” shall be substituted by the words “Paragraph 1 of Part I of the Schedule to, and regulation 2 as it applies to that paragraph of, the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000.”; and
c
in paragraph (7) the definitions of the “Common Travel Area” and the “Convention relating to the Status of Refugees” shall be omitted.
4
In paragraph (4) of regulation 33 (calculation of income other than earnings) for the words following “paragraph (1)” there shall be substituted the following sub-paragraphs–
a
any payment to which regulation 28(2) (payments not earnings) applies; or
b
in the case of a claimant who is receiving support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.
.
5
In Schedule A1 (treatment of claims for housing benefit by refugees)–
a
in paragraph 1(1)(b) for the words following paragraph (ii) there shall be substituted the following words “ his claim for housing benefit shall be treated as having been made on the date specified in sub-paragraph (2) ”;
b
in paragraph 1(2) for heads (a) and (b), there shall be substituted the following words–
on the date on which his claim for asylum was recorded by the Secretary of State as having been made.
;
c
after paragraph 1 there shall be inserted the following paragraph–
Appropriate authority to whom a claim for housing benefit by a refugee shall be made and time for making a claim
2A
1
A claim for housing benefit made by a refugee on or after 3rd April 2000 for the relevant period may be made to the appropriate authority for the area in which the dwelling which the claimant occupied as his home was situate and in respect of which he was liable to make payments.
2
Where the claimant has occupied more than one dwelling as his home in the relevant period, only one claim for housing benefit shall be made in respect of that period and such a claim shall be made to the authority for the area in which the dwelling occupied by the refugee is situate and in respect of which he was liable to make payments when, after he is notified that he has been recorded by the Secretary of State as a refugee, he makes a claim for housing benefit.
3
The appropriate authority to which a claim for housing benefit is made in accordance with this paragraph, shall determine the claimant’s entitlement to that benefit for the whole of the relevant period.
4
A claim for housing benefit to which this paragraph refers, shall be made within 28 days of a claimant receiving notification from the Secretary of State that he has been recorded as a refugee.
5
Regulation 72(15) of these Regulations (backdating of claims) shall not have effect with respect to claims to which this Schedule applies.
; and
d
paragraph 2 shall be omitted.
6
In paragraph 21 of Schedule 4 (treatment of income in kind) after the words “income in kind” there shall be added the following words–
except where regulation 33(4)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act in the calculation of income other than earnings) applies
.
7
In paragraph 62 of Schedule 4 and paragraph 51 of Schedule 5 for the words “ regulation 21ZA” there shall be substituted the words “regulation 21ZB ”.
Amendment of the Council Tax Benefit Regulations
7
1
The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) after the definition of “housing benefit” there shall be inserted the following definition–
“Immigration and Asylum Act” means the Immigration and Asylum Act 1999 ;
.
3
In regulation 4A–
a
paragraphs (2), (3), (4)(a), (b), (c), (d), (e)(iv), (v) and (vi), (f) and (g), (4A), (5)(a), (b) and (c) and (5A) shall be omitted;
b
in paragraph (6) the words “paragraphs (3)(b) and (4A)” shall be substituted by the words “Paragraph 1 of Part I of the Schedule to, and regulation 2 as it applies to that paragraph of, the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000.”; and
c
in paragraph (7) the definitions of the “Common Travel Area” and the “Convention relating to the Status of Refugees” shall be omitted.
4
In paragraph (5) of regulation 24 (calculation of income other than earnings) for the words following “paragraph (1)” there shall be substituted the following sub-paragraphs–
a
any payment to which regulation 19(2) (payments not earnings) applies; or
b
in the case of a claimant who is receiving support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.
.
5
In Schedule A1 (treatment of claims for council tax benefit by refugees)–
a
in paragraph 1(1)(b) for the words following head (ii) there shall be substituted the following words “his claim for council tax benefit shall be treated as having been made on the date specified in sub-paragraph (2) ”;
b
in paragraph 1(2) for sub-paragraphs (a) and (b), there shall be substituted the following words–
on the date on which his claim for asylum was recorded by the Secretary of State as having been made.
;
c
after paragraph 1 there shall be inserted the following paragraph–
Appropriate authority to whom a claim for council tax benefit by a refugee shall be made and time for making a claim
2A
1
A claim for council tax benefit made by a refugee on or after 3rd April 2000 for the relevant period may be made to the appropriate authority for the area in which the dwelling which the claimant occupied as his home was situate and in respect of which he was liable for council tax.
2
Where the claimant has occupied more than one dwelling as his home in the relevant period, only one claim for council tax benefit shall be made in respect of that period and such a claim shall be made to the authority for the area in which the dwelling occupied by the refugee is situate and in respect of which he was liable to make payments when, after he is notified that he has been recorded by the Secretary of State as a refugee, he makes a claim for council tax benefit.
3
The appropriate authority to which a claim for council tax benefit is made in accordance with this paragraph, shall determine the claimant’s entitlement to that benefit for the whole of the relevant period.
4
A claim for council tax benefit to which this paragraph refers, shall be made within 28 days of a claimant receiving notification from the Secretary of State that he has been recorded as a refugee.
5
Regulation 72(15) of these Regulations (backdating of claims) shall not have effect with respect to claims to which this Schedule applies.
; and
d
paragraph 2 shall be omitted.
6
In paragraph 22 of Schedule 4 (treatment of income in kind) after the words “income in kind” there shall be added the following words–
except where regulation 24(5) (provision of support under section 95 or 98 of the Immigration and Asylum Act in the calculation of income other than earnings) applies
.
7
In paragraph 62 of Schedule 4 and paragraph 51 of Schedule 5 for the words “ regulation 21ZA” there shall be substituted the words “regulation 21ZB ”.
Amendment of the Invalid Care Allowance Regulations
8
1
The Invalid Care Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 9(1) for sub-paragraph (aa) there shall be substituted the following sub-paragraph–
ia
he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to invalid care allowance by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and
.
3
Paragraph (1A) of regulation 9 shall be omitted.
Amendment of the Severe Disablement Allowance Regulations
9
1
The Severe Disablement Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3(1) for head (ia) of sub-paragraph (a) there shall be substituted the following head–
ib
he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to severe disablement allowance by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and
.
3
Paragraph (1B) of regulation 3 shall be omitted.
Amendment of the Attendance Allowance Regulations
10
1
The Attendance Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) for head (ia) of sub-paragraph (a) there shall be substituted the following head–
ib
he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to attendance allowance by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and
.
3
Paragraph (1A) of regulation 2 shall be omitted.
Amendment of the Disability Living Allowance Regulations
11
1
The Disability Living Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) for head (ia) of sub-paragraph (a) there shall be substituted the following head–
ib
he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to disability living allowance by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and
.
3
Paragraph (1A) of regulation 2 shall be omitted.
Transitional arrangements and savings
12
1
Paragraph (2) shall apply where, in relation to a claim for income support, a social fund payment, housing benefit or council tax benefit, as the case may be, a person has submitted a claim for asylum on or before 2nd April 2000 and is notified that he has been 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.
2
Where this paragraph applies–
a
regulation 21ZA of the Income Support Regulations (treatment of refugees) shall continue to have effect as if regulation 3(4)(a), (5) and (9) had not been made;
b
regulations 4(3C), 6(4D) and 19(8) of the Claims and Payments Regulations shall continue to have effect as if regulation 5 had not been made;
c
paragraphs 1 and 2 of Schedule A1, paragraph 62 of Schedule 4 and paragraph 51 of Schedule 5 to the Housing Benefit Regulations (treatment of claims for housing benefit by refugees) shall continue to have effect as if regulation 6(5) and (7) had not been made; and
d
paragraphs 1 and 2 of Schedule A1, paragraph 62 of Schedule 4 and paragraph 51 of Schedule 5 to the Council Tax Benefit Regulations (treatment of claims for council tax benefit by refugees) shall continue to have effect as if regulation 7(5) and (7) had not been made.
3
Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
4
An asylum seeker within the meaning of this paragraph is a person who–
a
submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convent for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State as having been made before that date; or
b
on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
i
the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
ii
he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees, and
iii
his claim for asylum under that Convention is recorded by the Secretary of State has having been made; and
c
in the case of a claim for jobseeker’s allowance, holds a work permit or has written authorisation from the Secretary of state permitting him to work in the United Kingdom.
5
A person ceases to be an asylum seeker for the purposes of this paragraph when his claim for asylum is recorded by the Secretary of State as having been decided (other than on appeal) or abandoned.
6
For the purposes of regulation 7A of the housing Benefit Regulations and regulation 4A of the Council Tax Benefit Regulations, a person who is an asylum seeker within the meaning of paragraph (7) who has not ceased to be an asylum seeker by virtue of paragraph (8), is not a person from abroad within the meaning of paragraph (1) of those regulations.
7
An asylum seeker within the meaning of this paragraph is a person who–
a
submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
b
on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
i
the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
ii
he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
iii
his claim for asylum under that Convention is recorded by the Secretary of State has having been made.
8
A person ceases to be an asylum seeker for the purposes of this paragraph when his claim for asylum is recorded by the Secretary of State as having been decided (other than on appeal) or abandoned.
9
In paragraphs (4) and (7) “the Common Travel Area” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively and “the Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 2(1) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967.
10
Where, before the coming into force of these Regulations, a person has claimed benefit to which he is entitled or is receiving benefit by virtue of regulation 12(3) of the Persons from Abroad Regulations or regulation 14B(g) of the Child Benefit (General) Regulations 1976 , as the case may be, those provisions shall continue to have effect, for the purposes of entitlement to attendance allowance, disability living allowance, invalid care allowance, severe disablement allowance or child benefit, as the case may be, until such time as–
a
his claim for asylum (if any) is recorded by the Secretary of State as having been decided or abandoned; or
b
his entitlement to that benefit is revised or superseded under section 9 or 10 of the Social Security Act 1998 , if earlier,
as if regulations 8, 9, 10 and 11 and paragraph (2) or paragraph (3), as the case may be, of regulation 13, had not been made.
11
In the Persons from Abroad Regulations–
a
in paragraph (1) of regulation 12, after the words “shall continue to have effect” there shall be inserted the words “(both as regards him and as regards persons who are members of his family at the coming into force of these Regulations)”; and
b
notwithstanding the amendments and revocations in regulations 3, 6 and 7, regulations 12(1) and (2) of the Persons from Abroad Regulations shall continue to have effect as they had effect before those amendments and revocations came into force.
Revocations
13
1
The provisions specified in the following paragraphs of this regulation are revoked.
2
Regulation 12(3) of the Persons from Abroad Regulations.
3
Regulation 14B of the Child Benefit (General) Regulations 1976.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 2000


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Deemed Supply of Goods) Order 2000 and shall come into force on 1st April 2000 but shall have effect only in relation to a person who ceases to be a taxable person on or after that date.
2
In paragraph 8(1)(c) of Schedule 4 to the Value Added Tax Act 1994 (no deemed supply on person ceasing to be taxable if VAT would not exceed £250) for “£250” there shall be substituted “£1,000”.
Greg Pope
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Newark and Sherwood (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Newark and Sherwood;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Newark and Sherwood (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of Newark and Sherwood
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-six wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Balderton
3
1
The existing wards of the parish of Balderton shall be abolished.
2
The parish of Balderton shall be divided into three parish wards which shall bear the names Balderton North, Balderton South and Balderton West; the parish wards of Balderton North and Balderton West shall be coterminous with the district wards of the same name, and the Balderton South parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for the Balderton North parish ward shall be seven, for the Balderton South parish ward shall be three and for the Balderton West parish ward shall be eight.
Wards of the parish of Blidworth
4
1
The existing wards of the parish of Blidworth shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Blidworth North and Blidworth South; and the wards shall comprise the areas designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Blidworth North parish ward shall be five and for the Blidworth South parish ward shall be six.
Wards of the parish of Clipstone
5
1
The parish of Clipstone shall be divided into two parish wards which shall bear the names Kings Clipstone and New Clipstone; and the wards shall comprise the areas designated on sheet 8 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Kings Clipstone parish ward shall be one and for the New Clipstone parish ward shall be nine.
Wards of the parish of Newark
6
1
The existing wards of the parish of Newark shall be abolished.
2
The parish shall be divided into eighteen wards which shall bear the names Bishop Alexander, Bowbridge, Byron, Cardinal Hinsley, Clumber, Fosse, Gilstrap, Gopher, Grange, Harcourt, Hilltop, Lilley and Stone, Lovers Lane, Ossington, Ransome, St Mary's, Sconce and Welbeck; and the wards shall comprise the areas designated on sheet 9 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each ward shall be one.
Wards of the parish of Rainworth
7
1
The existing wards of the parish of Rainworth shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Southwell
8
1
The existing wards of the parish of Southwell shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Southwell East, Southwell North and Southwell West; the parish wards of Southwell East and Southwell North shall be coterminious with the district wards of the same name, and the Southwell West parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for each parish ward shall be five.
Revocation
9
The District of Newark (Electoral Arrangements) Order 1976 and articles 4(b) and 7(2) of the Nottinghamshire (District Boundaries) Order 1987 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
15th December 2000


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Bedfordshire) (Borough of Bedford) Order 2000 and shall come into force on 13th November 2000.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
1
Subject to the provisions of paragraphs (2) and (3), this Order applies to the area comprising the following: —
a
the area in the borough of Bedford in the county of Bedfordshire situated within the inner edge of the boundary line delineated in black on the plan in Schedule 1 to this Order; and
b
that length of the C15 Lovell Road Oakley marked in black on the plan in Schedule 1 from the point where it meets the boundary line referred to in paragraph (1)(a) to the point 1,141 metres west of its junction with the A6 High Street Clapham which is marked “18: C15 Lovell Road Oakely” on the plan in Schedule 1.
2
This Order does not apply to: —
a
that length of the A5134 Cemetery Road marked in black on the plan in Schedule 1 from the point where it meets the boundary line referred to in paragraph (1)(a) to the point where it meets the C70 Ridge Road Kempston which is marked “15: A5134 Cemetery Road” on the plan in Schedule 1;
b
that length of the C70 Ridge Road marked in black on the plan in Schedule 1 from the point where it meets the boundary line referred to in paragraph (1)(a) to the point where it meets Hill Rise Kempston which is marked “14: C70 Ridge Road” on the plan in Schedule 1; and
c
any part of the A421 Bedford Southern Bypass and its slip roads.
3
In relation to each road named in column (2) of an item in the table in Schedule 2 to this Order the boundary of the area to which this Order applies shall be taken to pass through the point on that road named in column (3) of the item and accordingly, in so far as there is any inconsistency between this paragraph and the other paragraphs of this Article, this paragraph shall prevail.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 3 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 4 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
23rd October 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the County of Lincolnshire (Electoral Changes) Order 2000.
2
This article and articles 2 and 4 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 3rd May 2001, on 10th October 2000;
b
for all other purposes, on 3rd May 2001.
3
Article 3 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election of a parish councillor for the parish of Gainsborough to be held on 6th May 2004, on 10th October 2003;
b
for all other purposes, on 6th May 2004.
4
In this Order —
“county” means the county of Lincolnshire;
“existing”, in relation to a division or ward, means the division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to borough, city and district wards in the county ;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the County of Lincolnshire (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Divisions of the county of Lincolnshire
2
1
The existing divisions of the county shall be abolished.
2
The county shall be divided into seventy-seven divisions which shall bear the names set out in column (1) of the Schedule.
3
The divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, or wards and parishes or, where no area is so described, the area designated on the map by reference to the name of the division and demarcated by red lines; and the number of councillors to be elected for each division shall be one.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Gainsborough
3
1
The existing wards of the parish of Gainsborough shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Gainsborough East, Gainsborough North-East, Gainsborough North-West and Gainsborough South-West; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Gainsborough East parish ward shall be six, for each of the Gainsborough North-West and Gainsborough South-West parish wards shall be five, and for the Gainsborough North-East parish ward shall be two.
Revocation
4
The County of Lincolnshire (Electoral Arrangements) Order 1980 and article 4 of the District of West Lindsey (Electoral Changes) Order 1998 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
11th September 2000


text:
1
This Order may be cited as the Kingsway: Camden’s College (Dissolution) Order 2000, and shall come into force on 1st September 2000.
2
On 1st September 2000 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Westminster College, London SW11, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2000 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2000;
c
to the transferor were to the corporation; and
d
to the corporation were to Westminster College, London SW11.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
8th August 2000


text:
1
1
This Order may be cited as the Liquid and Gaseous Fuel (Designated Filling Stations and Fuel Depots) Order 2000 and shall come into force at 3 p.m. on 13th September 2000.
2
The Motor Fuel (Designated Filling Stations and Fuel Depots) Order 2000 is hereby revoked.
2
For the purpose of the exercise of the powers conferred on him by sections 1 and 2 of the Energy Act 1976 to make orders and give directions respectively the Secretary of State designates the filling stations and fuel depots mentioned in the list entitled “Department of Trade and Industry: Second List of Designated Filling Stations and Fuel Depots” published by him on 13th September 2000.
Stephen Byers
Secretary of State for Trade and Industry
13th September 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) Amendment (No. 2) Regulations 2000 and shall come into force on 31st March 2000.
2
These Regulations extend to England only.
Amendment of regulation 1 of the National Health Service (Charges to Overseas Visitors) Amendment Regulations 2000
2
At the end of regulation 1(1) of the National Health Service (Charges to Overseas Visitors) Amendment Regulations 2000 there shall be added the words “and shall come into force on 1st April 2000”.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
30th March 2000


text:
1
These Regulations may be cited as the Civil Aviation (Joint Financing) (Third Amendment) Regulations 2000 and shall come into force on 8th January 2001.
2
The Civil Aviation (Joint Financing) Regulations 1997 shall be amended as follows:
a
in regulation 4(1) for the sums £55.50, £12.09 and £43.41 there shall be substituted respectively the sums £54.80, £9.03 and £45.77;
b
in regulation 15(2) for the figure 13.459 per cent. there shall be substituted the figure 10.456 per cent.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Chris Mullin
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
11th December 2000
We consent to the making of these Regulations.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
12th December 2000


text:
Citation and Commencement
1
These Regulations may be cited as the M62 and M1 Motorways (Lofthouse Link Roads) (Speed Limit) Regulations 2000 and shall come into force on 12th July 2000.
Imposition of speed limit
2
1
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on any specified link road.
2
Each of the following link roads at the Lofthouse interchange (junction 29 of the M62 Motorway and junction 42 of the M1 Motorway) is a specified link road —
a
the M62 Motorway eastbound to the M1 Motorway northbound link road from a point 406 metres east of the centre point of Long Thorpe Lane bridge at the Lofthouse interchange, for a distance of 375 metres in an easterly and then northerly direction along the link road;
b
the M1 Motorway southbound to the M62 Motorway westbound link road from a point 340 metres south of the centre point of Thorpe Lower Lane bridge at the Lofthouse interchange, for a distance of 960 metres in a southerly and then in a westerly direction along the link road.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th June 2000


text:
Citation and commencement
1
These Regulations may be cited as the Land Registration (Conduct of Business) (Amendment) Regulations 2000 and shall come into force on 1st January 2001.
Amendment of the Land Registration (Conduct of Business) Regulations 2000
2
For the table in Part II of the Schedule to the Land Registration (Conduct of Business) Regulations 2000 substitute the following table —
Provisions of the principal rules authorising or requiring acts to be done by the Registrar Limitation (if any) on the extent to which regulation 3 applies
Rule 26 Without limitation Rule 131 Limited to the making of an entry in or correction of the register (except where the power of disposing of the land has vested in a person other than the proprietor by the operation of any statute, statutory power or order of the court) Rule 158 Without limitation Rule 230(2) Without limitation Rule 299 Without limitation Rule 300(2) and (3) Without limitation Rule 303 Without limitation Rule 320 Without limitation Rule 321 Without limitation
Signed by the authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
18th November 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Employment Zones) Regulations 2000 and shall come into force on 3rd April 2000.
2
In these Regulations–
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Common amendments
2
1
In each of the regulations specified in paragraph (2) below (interpretation), there shall be inserted the following definitions in the appropriate places–
“employment zone” means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “employment zone programme” means a programme established for such an area or areas designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;
;
“employment zone contractor” means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State for Education and Employment;
;
“subsistence allowance” means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;
.
2
The regulations specified in this paragraph are–
a
regulation 2(1) of the Council Tax Benefit Regulations;
b
regulation 2(1) of the Housing Benefit Regulations;
c
regulation 2(1) of the Income Support Regulations;
d
regulation 1(3) of the Jobseeker’s Allowance Regulations.
Income and capital
3
1
There shall be inserted as–
a
regulation 42(5A) of the Income Support Regulations (notional income);
b
regulation 105(11A) of the Jobseeker’s Allowance Regulations,
the following paragraph–
Where the amount of a subsistence allowance paid to a claimant in a benefit week is less than the amount of income-based jobseeker’s allowance that person would have received in that benefit week had it been payable to him, less 50p, he shall be treated as possessing the amount which is equal to the amount of income-based jobseeker’s allowance which he would have received in that week, less 50p.
.
2
There shall be added as–
a
regulation 31(8) of the Council Tax Benefit Regulations (income treated as capital);
b
regulation 40(8) of the Housing Benefit Regulations;
c
regulation 48(12) of the Income Support Regulations;
d
regulation 110(11) of the Jobseeker’s Allowance Regulations,
the following paragraph–
Any arrears of subsistence allowance which are paid to a claimant as a lump sum shall be treated as capital.
.
3
There shall be added respectively as–
a
paragraphs 71 and 72 of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings);
b
paragraph 68 and 69 of Schedule 7 to the Jobseeker’s Allowance Regulations;
c
paragraphs 71 and 72 of Schedule 4 to the Council Tax Benefit Regulations;
d
paragraphs 72 and 73 of Schedule 4 to the Housing Benefit Regulations,
the following paragraphs–
Where the amount of a subsistence allowance paid to a person in a benefit week exceeds the amount of income-based jobseeker’s allowance that person would have received in that benefit week had it been payable to him, less 50p, that excess amount.
In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise.
.
4
There shall be added respectively as–
a
paragraphs 58 and 59 of Schedule 10 to the Income Support Regulations (capital to be disregarded);
b
paragraphs 53 and 54 of Schedule 8 to the Jobseeker’s Allowance Regulations;
c
paragraphs 61 and 62 of Schedule 5 to the Council Tax Benefit Regulations;
d
paragraphs 61 and 62 of Schedule 5 to the Housing Benefit Regulations,
the following paragraphs–
In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise, but only for the period of 52 weeks from the date of receipt of the payment.
Any arrears of subsistence allowance paid as a lump sum but only for the period of 52 weeks from the date of receipt of the payment.
.
Linking periods
4
1
In the Council Tax Benefit Regulations–
a
in paragraph 11 of Schedule 1 (higher pensioner premium)–
i
in both sub-paragraphs (1)(b)(ii) and (2)(b)(ii), for the words “council tax benefit and the disability premium was” there shall be substituted the words “, or was treated as being in receipt of, council tax benefit and the disability premium was or, as the case may be, would have been,”;
ii
in sub-paragraph (3), in both paragraphs (a) and (b), after the words “ to be entitled to” there shall be inserted the words “or treated as entitled to”;
iii
after sub-paragraph (5) there shall be added the following sub-paragraph–
6
For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of council tax benefit throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to that benefit because, as a consequence of his participation in that programme, he failed to satisfy the condition in section 131(5) of the Contributions and Benefits Act 1992.
;
b
in paragraph 2(e) of Schedule 5A (extended payments), after head (ii) there shall be added the following head–
iii
the claimant shall be treated as having been entitled to and in receipt of income support or a jobseeker’s allowance during any period of less than five weeks in respect of which he was not entitled to either of those benefits because, as a consequence of his participation in an employment zone programme, he was engaged in remunerative work.
.
2
In the Housing Benefit Regulations–
a
in paragraph 10 of Schedule 2 (higher pensioner premium)–
i
in both sub-paragraphs (1)(b)(ii) and (2)(b)(ii), for the words “housing benefit and the disability premium was” there shall be substituted the words “, or was treated as being in receipt of, housing benefit and the disability premium was or, as the case may be, would have been,”;
ii
in sub-paragraph (3), in both paragraphs (a) and (b), after the words “ to be entitled to ” there shall be inserted the words “or treated as entitled to”;
iii
after sub-paragraph (5) there shall be added the following sub-paragraph–
6
For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of housing benefit throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to that benefit because, as a consequence of his participation in that programme, he failed to satisfy the condition in section 130(1)(c) of the Contributions and Benefits Act.
;
b
in paragraph 2(e) of Schedule 5A (extended payments), after head (ii) there shall be added the following head–
iii
the claimant shall be treated as having been entitled to and in receipt of income support or a jobseeker’s allowance during any period of less than five weeks in respect of which he was not entitled to either of those benefits because, as a consequence of his participation in an employment zone programme, he was engaged in remunerative work.
.
3
In the Income Support Regulations–
a
at the end of paragraph 3 of Schedule 2 (applicable amounts: family premium) there shall be added the following sub-paragraph–
7
For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.
;
b
in paragraph 10 of Schedule 2 (higher pensioner premium)–
i
in both sub-paragraphs (1)(b)(ii) and (2)(b)(ii), for the words “income support and the disability premium was” there shall be substituted the words “, or was treated as being in receipt of, income support and the disability premium was or, as the case may be, would have been,”;
ii
in sub-paragraph (3), in both paragraphs (a) and (b), after the words “ to be entitled to” there shall be inserted the words “or treated as entitled to”;
iii
after sub-paragraph (4) there shall be added the following sub-paragraph–
5
For the purposes of this paragraph, a claimant shall be treated as having been entitled to and in receipt of income support throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of his applicable amount as prescribed in Part IV.
;
c
in paragraph 14(3ZA) of Schedule 3 (housing costs: linking rules) in head (a), after “1996” there shall be inserted the words “ or in an employment zone scheme”.
4
In the Jobseeker’s Allowance Regulations–
a
after regulation 48(2)(f) (linking periods) there shall be added the following sub-paragraph–
g
any period throughout which the claimant was participating in an employment zone programme and was not entitled to a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).
;
b
at the end of paragraph 4 of Schedule 1 (applicable amounts: family premium) there shall be added the following sub-paragraph–
7
For the purposes of this paragraph, a claimant shall be treated as having been entitled to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).
;
c
in paragraph 12 of Schedule 1 (higher pensioner premium)–
i
in sub-paragraph (1)(a)(ii), for the words “and the disability premium was” there shall be substituted the words “, or was treated as being entitled to either of those benefits and the disability premium was or, as the case may be, would have been,”;
ii
in sub-paragraph (2), in both paragraphs (a) and (b), after the words “income-based jobseeker’s allowance” there shall be inserted the words “or ceases to be treated as entitled to either of those benefits”;
iii
after sub-paragraph (3) there shall be added the following sub-paragraph–
4
For the purposes of this paragraph, a claimant shall be treated as having been entitled to income support or to an income-based jobseeker’s allowance throughout any period which comprises only days on which he was participating in an employment zone programme and was not entitled to–
a
income support because, as a consequence of his participation in that programme, he was engaged in remunerative work or had income in excess of the claimant’s applicable amount as prescribed in Part IV of the Income Support Regulations; or
b
a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).
;
d
in paragraph 13(3A) of Schedule 2 (housing costs: linking rules), in head (a), after the words “regulation 75(1)(a)(ii)”there shall be inserted the words “or in an employment zone programme”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
13th March 2000