Statutory Instruments
1994 No. 1807
SOCIAL SECURITY
The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1994
Made
7th July 1994
Laid before Parliament
11th July 1994
Coming into force
1st August 1994
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 131(3)(b), 135(1), 137(1) and (2)(i) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1), and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned(2) and after reference to the Social Security Advisory Committee(3), hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1994 and shall come into force on 1st August 1994.
Amendment of the Council Tax Benefit (General) Regulations 1992
2.—(1) In regulation 4A of the Council Tax Benefit (General) Regulations 1992 (persons from abroad)(4)—
(a)in paragraph (4), at the end, there shall be added the following sub-paragraphs—
“(d)is a national of a European Economic Area State and is required by the Secretary of State to leave the United Kingdom; or
(e)is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose no person shall be treated as not habitually resident in the United Kingdom who is—
(i)a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/ 148/EEC; or
(ii)a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(5), as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(6); or
(iii)a person who has been granted exceptional leave(7) to remain in the United Kingdom by the Secretary of State; or
(iv)a person to whom paragraph (4A) applies; or
(v)the subject of a deportation order, being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom, and whose removal from the United Kingdom has been deferred in writing by the Secretary of State; or
(vi)adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act), has not subsequently been given leave under that Act to enter or remain in the United Kingdom but has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State.”;
(b)after paragraph (4) there shall be inserted the following paragraph—
“(4A) Subject to paragraph (6) this paragraph applies to a person who, having, during any one period of limited leave (including any such period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted, provided that there is a reasonable expectation that his supply of funds will be resumed.”;
(c)in paragraph (6) for the words “Paragraph (3)(b)” there shall be substituted the words “Paragraphs (3)(b) and (4A)”.
(2) In the case of a person who was entitled to council tax benefit in respect of 31st July 1994, paragraph (1) above shall only apply to him—
(a)on the day immediately following the day on which the person’s benefit period which includes 31st July 1994 ends; and
(b)on any day thereafter.
Amendment of the Housing Benefit (General) Regulations 1987
3.—(1) In regulation 7A of the Housing Benefit (General) Regulations 1987 (persons from abroad)(8)—
(a)in paragraph (4), at the end, there shall be added the following sub-paragraphs—
“(d)is a national of a European Economic Area State and is required by the Secretary of State to leave the United Kingdom; or
(e)is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose no person shall be treated as not habitually resident in the United Kingdom who is—
(i)a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/ 148/EEC; or
(ii)a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(9), as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(10) ; or
(iii)a person who has been granted exceptional leave to remain in the United Kingdom by the Secretary of State; or
(iv)a person to whom paragraph (4A) applies; or
(v)the subject of a deportation order, being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom, and whose removal from the United Kingdom has been deferred in writing by the Secretary of State; or
(vi)adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act), has not subsequently been given leave under that Act to enter or remain in the United Kingdom but has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State.”;
(b)after paragraph (4) there shall be inserted the following paragraph—
“(4A) Subject to paragraph (6) this paragraph applies to a person who, having, during any one period of limited leave (including any such period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted, provided that there is a reasonable expectation that his supply of funds will be resumed.”;
(c)in paragraph (6) for the words “Paragraph (3)(b)” there shall be substituted the words “Paragraphs (3)(b) and (4A)”.
(2) In the case of a person who was entitled to housing benefit in respect of 31st July 1994, paragraph (1) above shall only apply to him—
(a)on the day immediately following the day on which the person’s benefit period which includes 31st July 1994 ends; and
(b)on any day thereafter.
Amendment of the Income Support (General) Regulations 1987
4.—(1) In paragraph (3) of regulation 21 of the Income Support (General) Regulations 1987(11) (special cases) after the definition of “person from abroad” there shall be inserted the following definition—
““person from abroad” also means a claimant who is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose, no claimant shall be treated as not habitually resident in the United Kingdom who is—
(a)
a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC; or
(b)
a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(12), as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(13) ; or
(c)
a person who has been granted exceptional leave(14) to remain in the United Kingdom by the Secretary of State.”.
(2) The provisions of this regulation shall only apply in the case of a claimant who was entitled to income support on 31st July 1994 where a claim for income support is made or treated as made by or in respect of him after that date, and where those provisions do apply they shall apply from the first day of the period in respect of which that claim is made.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
7th July 1994
Explanatory Note
(This note is not part of the Regulations)
These Regulations provide that a person who is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man has a nil applicable amount for the purposes of income support (regulation 4) and is not entitled to council tax benefit (regulation 2) and housing benefit (regulation 3).
They also provide, in the case of housing benefit and council tax benefit, that a person who is a national of a European Economic Area State and is required to leave the United Kingdom is not to qualify for those benefits.
These Regulations do not impose a charge on business.
The Report of the Social Security Advisory Committee dated 28th April 1994 on the proposals referred to them, together with a statement showing the extent to which these Regulations give effect to the Report and in so far as they do not give effect to it, the reasons why not, are contained in Command Paper Cm. 2609, published by Her Majesty’s Stationery Office.
(1)
1992 c. 4; section 131(3)(b) was substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 4; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.
(2)
See section 176(1) of the Social Security Administration Act 1992 (c. 5).
(3)
See section 172(1) of the Social Security Administration Act 1992.
(4)
S.I. 1992/1814; regulation 4A was inserted by S.I. 1994/470.
(5)
Cmnd. 9171.
(6)
Cmnd. 3906.
(7)
For a description of “exceptional leave”, see Home Office evidence to the House of Commons Home Affairs Committee, Sub-Committee on Race Relations and Immigration (SCORRI) 1984-5 Session; 17th December 1984; paragraphs 44 to 47.
(8)
S.I. 1987/1971; regulation 7A was inserted by S.I. 1994/470.
(9)
Cmnd. 9171.
(10)
Cmnd. 3906.
(11)
S.I. 1987/1967; the relevant amending instruments are S.I. 1990/547, 1991/236 and 1993/315.
(12)
Cmnd. 9171.
(13)
Cmnd. 3906.
(14)
For a description of “exceptional leave”, see Home Office evidence to the House of Commons Home Affairs Committee, Sub-Committee on Race Relations and Immigration (SCORRI) 1984-5 Session; 17th December 1984; paragraphs 44 to 47.
