Regulation 2 Persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999

For the purposes of entitlement to income-based jobseeker’s allowance, income support, a social fund payment F1or, F2... F3income-related employment and support allowanceF4..., 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.

For the purposes of entitlement to F6housing benefit under the Contributions and Benefits Act, state pension credit under the State Pension Credit Act 2002, or universal creditF7, as the case may be, a person falling within a category or description of persons specified in F8paragraphs 2 and 3 of Part I of the Schedule is a person to whom section 115 of the Act does not apply.

For the purposes of entitlement to attendance allowance, severe disablement allowance, F9carer’s allowance, disability living allowance, a social fund paymentF10, health in pregnancy grant or child benefit under the Contributions and Benefits Act F11or personal independence payment, 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.

For the purposes of entitlement to child benefit, attendance allowance or disability living allowance under the Contributions and Benefits Act F12or personal independence payment, 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.

For the purposes of entitlement to child benefit under the Contributions and Benefits Act, a person—

is a person to whom section 115 of the Act does not apply.

For the purposes of entitlement to–

For the purposes of entitlement to F18universal credit, income support, a jobseeker’s allowance F19an income-based jobseeker’s allowance under the Jobseekers Act 1995, an employment and support allowance F20income-related or a social fund payment under the Contributions and Benefits Act, as the case may be, a person who is an asylum seeker within the meaning of paragraph (4) of regulation 12 who has not ceased to be an asylum seeker by virtue of paragraph (5) of that regulation is a person to whom section 115 of the Act does not apply.

For the purposes of entitlement to housing benefit F21... 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.

For the purposes of entitlement to state pension credit under the State Pension Credit Act 2002, a person to whom paragraph (5) would have applied but for the fact that they have attained the qualifying age for the purposes of state pension credit, is a person to whom section 115 of the Act does not apply.

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