Regulation 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 2(3) word omitted by Employment and Support Allowance (Consequential Provisions) 2008 reg. 31(2)(a)
reg. 2(3)(d) and word added by Employment and Support Allowance (Consequential Provisions) 2008 reg. 31(2)(b)
reg. 2(1) words inserted by Universal Credit (Consequential Provisions) (Childcare, Housing and Transport) 2013 reg. 7(2)(a)
reg. 2(3)(c)(ii) word omitted by Universal Credit (Consequential Provisions) (Childcare, Housing and Transport) 2013 reg. 7(2)(b)
reg. 2(3)(d) word inserted by Universal Credit (Consequential Provisions) (Childcare, Housing and Transport) 2013 reg. 7(2)(c)
reg. 2(3)(e)(f) inserted by Universal Credit (Consequential Provisions) (Childcare, Housing and Transport) 2013 reg. 7(2)(d)

(1)

In these Regulations—

“the 1971 Act” (“Deddf 1971”) means the Immigration Act 1971^f1;
“the 1995 Act” (“Deddf 1995”) means the Jobseekers Act 1995^f2;
“the 1996 Act” (“Deddf 1996”) means the Housing Act 1996;
“asylum-seeker” (“ceisydd lloches”) means a person who is not under 18 and who made a claim for asylum which is recorded by the Secretary of State as having been made before 3 April 2000 but which has not been determined;
“claim for asylum” (“hawliad lloches”) means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;
“the Common Travel Area” (“Ardal Deithio Gyffredin”) means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively;
“the immigration rules” (“y rheolau mewnfudo”) means the rules laid down as mentioned in section 3(2) of the 1971 Act (general provisions for regulation and control);
“limited leave” (“caniatâd cyfyngedig”) means leave under the 1971 Act to enter or remain in the United Kingdom which is limited as to duration; and
“the Refugee Convention” (“y Confensiwn ynglŷn â Ffoaduriaid”) means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951^f3, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31 January 1967^f4.

(2)

For the purposes of the definition of “asylum-seeker”, a claim for asylum is determined at the end of such period beginning—

(a)

on the day on which the Secretary of State notifies the claimant of the decision on the claim; or

(b)

if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of,

as may be prescribed under section 94(3) of the Immigration and Asylum Act 1999^f5.

(3)

For the purposes of regulations 3(1)(i) (Class I)—

(a)

“an income-based jobseeker’s allowance” (“lwfans ceisio gwaith ar sail incwm”)means a jobseeker’s allowance, payable under the 1995 Act, entitlement to which is based on the claimant satisfying conditions which include those set out in section 3 of the 1995 Act (the income-based conditions);

(b)

“income support” (“cymhorthdal incwm”) has the same meaning as in section 124 of the Social Security Contributions and Benefits Act 1992^f6 (income support); and

(c)

a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to that person and on any day—

(i)

in respect of which that person satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid in accordance with section 19 of the 1995 Act^f7 (circumstances in which jobseeker’s allowance is not payable); or

(ii)

which is a waiting day for the purposes of paragraph 4 of Schedule 1 to the 1995 Act (waiting days) and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to that person or would be payable to that person but for section 19 of the 1995 Act.

Annotations

Footnotes

f1: 1971 c. 77.
f2: 1995 c. 18.
f3: Cmnd. 9171.
f4: Cmnd. 3906.
f5: 1999 c. 33. See section 167 of that Act for the definition of “prescribed” for the purposes of that Act.
f6: 1992 c. 4. Section 124 was amended by paragraph 30 of Schedule 2, and Schedule 3, to the 1995 Act.
f7: Section 19 was amended by paragraph 67 of Schedule 1 to the Employment Rights Act (c.18) and paragraph 141 of Schedule 7 to the Social Security Act 1998 (c. 14).