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The Immigration (Eligibility for Assistance) (Scotland and Northern Ireland) Regulations 2000

S.I. 2000/705 · Made 6 March 2000

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

IMMIGRATION

Made 6th March 2000

Laid before Parliament 13th March 2000

Coming into force 3rd April 2000

In exercise of the powers conferred on him by sections 115(3) and (4), 122(11), 166 and 167 of the Immigration and Asylum Act 1999f1, the Secretary of State hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1999 c. 33.

Contents

  1. 1Citation, commencement, interpretation and extent
  2. 2Eligibility for social assistance—Scotland and Northern Ireland
  3. 3Eligibility for social assistance—Scottish provisions
  4. 4Eligibility for social assistance—Northern Ireland provisions
  5. 5Eligibility for support for children—Scotland and Northern Ireland
  6. Signature
  7. Explanatory note

1Citation, commencement, interpretation and extent

(1)

These Regulations may be cited as the Immigration (Eligibility for Assistance) (Scotland and Northern Ireland) Regulations 2000 and shall come into force on 3rd April 2000.

(2)

In these Regulations, “the 1999 Act” means the Immigration and Asylum Act 1999.

(3)

Regulation 3 does not extend to Northern Ireland.

(4)

Regulation 4 does not extend to Scotland.

2Eligibility for social assistance—Scotland and Northern Ireland

(1)

Subject to paragraphs (2) and (3), any asylum-seeker who made a claim for asylum before 3rd April 2000 and any dependantf1 of such an asylum-seeker shall be treated–

(a)

in Scotland, for the purposes prescribed by regulation 3 only;

(b)

in Northern Ireland, for the purposes prescribed by regulation 4 only;

as not being a person to whom section 115 of the 1999 Act (exclusion from benefits of persons subject to immigration control) applies.

(2)

Paragraph (1)(a) does not apply where the person who made the claim for asylum is a person who, by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000f2 is not excluded by section 115(1) of the 1999 Act from entitlement to–

(a)

income-based jobseeker’s allowance under the Jobseekers Act 1995f3; or

(b)

income support, housing benefit or council tax benefit under the Social Security Contributions and Benefits Act 1992f4.

(3)

Paragraph (1)(b) does not apply where the person who made the claim for asylum is a person, who by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000f5 is not excluded by section 115(2) of the 1999 Act from entitlement to–

(a)

income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995f6; or

(b)

income support or housing benefit under the Social Security Contributions and Benefits (Northern Ireland) Act 1992f7.

3Eligibility for social assistance—Scottish provisions

Regulation 2(1)(a) applies only for the purposes of the following provisions–

(a)

sections 12, 13A and 13B of the Social Work (Scotland) Act 1968f1;

(b)

sections 7 and 8 of the Mental Health (Scotland) Act 1984f2.

4Eligibility for social assistance—Northern Ireland provisions

Regulation 2(1)(b) applies only for the purposes of Articles 7 and 15 of the Health and Personal Social Services (Northern Ireland) Order 1972f1.

5Eligibility for support for children—Scotland and Northern Ireland

Subsection (5) of section 122 of the 1999 Act (support for children) does not apply in relation to any person or family in respect of whom or which a relevant authority was, immediately before 3rd April 2000, providing assistance under–

(a)

section 22 of the Children (Scotland) Act 1995 (local authority support in Scotland for children and their familiesf1); or

(b)

Article 18 of the Children (Northern Ireland) Order 1995 (equivalent provision for Northern Ireland)f2.

Signature

Barbara Roche

Minister of State

Home Office

6th March 2000

Explanatory note

(This note is not part of the Regulations)

These Regulations provide that, for specified purposes, section 115 of the Immigration and Asylum Act 1999 (exclusion from benefit) does not apply in Scotland or Northern Ireland on and after 3rd April 2000 to certain people who, until that date, were not eligible for certain social security benefits but were eligible for assistance under the Social Work (Scotland) Act 1968, the Mental Health (Scotland) Act 1984 or the Health and Personal Social Services (Northern Ireland) Order 1972. The effect of these Regulations is to preserve that eligibility on and after that date.

These Regulations also preserve eligibility for assistance under child welfare provisions in Scotland and Northern Ireland to those in receipt of such assistance immediately before 3rd April 2000.