Regulation 7 Refusal of support

(1)

Unless this paragraph does not apply, support must be refused in the following circumstances:

(a)

where the person claiming support has intentionally made himself and his dependants (if any) destitute;

(b)

where the person claiming support has made a claim for support to another local authority, except where the claim is one to which regulation 9 applies;

(c)

where the claim for support is made by a person to a local authority other than one to whom, in the previous 12 months, he has made a claim for assistance under section 21 of the National Assistance Act 1948^f1 or under section 17 of the Children Act 1989^f2;

(d)

where the person claiming support—

(i)

is an asylum-seeker within the meaning of paragraph (3A)(a) or (aa) of regulation 70 of the Income Support (General) Regulations 1987^f3 who has not ceased to be an asylum-seeker by virtue of sub-paragraph (b) of that paragraph;

(ii)

is a person who became an asylum-seeker under paragraph (3A)(a) of regulation 70 of the Income Support (General) Regulations 1987 and who has not ceased to be an asylum-seeker by virtue of sub-paragraph (b) of that paragraph, as saved by regulation 12(1) of the Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996^f4;

(iii)

is not a person from abroad within the meaning of sub-paragraph (a) of regulation 21(3) of the Income Support (General) Regulations 1987^f5 by virtue of the exclusions specified in that sub-paragraph;

(e)

where neither the person claiming support nor any of his dependants is an asylum-seeker or has made a claim for leave to enter or remain in the United Kingdom, or for variation of any such leave, which is being considered on the basis that he is dependent on an asylum-seeker.

(2)

For the purposes of paragraph (1)(a), a person has intentionally made himself destitute if he appears to be, or likely within 14 days to become, destitute as a result of an act or omission deliberately done or made by him or any dependant of his without reasonable excuse while in the United Kingdom.

(3)

Paragraph (1) does not apply where the local authority concerned did not know, or could not with reasonable diligence have known, of any circumstance set out in that paragraph.

Annotations

Footnotes

f1: 1948 c. 29.
f2: 1989 c. 41.
f3: S.I. 1987/1967. Regulation 70(3A) was substituted by regulation 8(3) of S.I. 1996/30.
f4: S.I. 1996/30. Regulation 12 was amended by paragraph 5 of Schedule 1 to the Asylum and Immigration Act 1996 (c. 49).
f5: Regulation 21(3)(a) was amended by S.I. 1990/547, 1991/236 and 1996/1944.