# The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, Regulation 2: Persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999

Extent: E+W+S+N.I.

(1) For the purposes of entitlement to income-based jobseeker’s allowance, income support, a social fund payment or, ... income-related employment and support allowance..., 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.
(1A) For the purposes of entitlement to housing benefit under the Contributions and Benefits Act, state pension credit under the State Pension Credit Act 2002, or universal credit, as the case may be, a person falling within a category or description of persons specified in paragraphs 2 and 3 of Part I of the Schedule is a person to whom section 115 of the Act does not apply.
(2) For the purposes of entitlement to attendance allowance, severe disablement allowance, carer’s allowance, disability living allowance, a social fund payment, health in pregnancy grant or child benefit under the Contributions and Benefits Act or 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.
(3) For the purposes of entitlement to child benefit, attendance allowance or disability living allowance under the Contributions and Benefits Act or 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.
(3A) For the purposes of entitlement to child benefit under the Contributions and Benefits Act, a person—
(a) who is lawfully working in Great Britain; and
(b) who is a national of a State with which the United Kingdom has concluded an agreement which replaces, in whole or in part, an agreement under Article 217 of the Treaty on the Functioning of the European Union which makes provision for the receipt of family allowances for members of their family who are legally resident in the United Kingdom,
is a person to whom section 115 of the Act does not apply.
(4) For the purposes of entitlement to–
(a) income support, a social fund payment, housing benefit ... under the Contributions and Benefits Act, or income-related employment and support allowance, as the case may be, a person who is entitled to or is receiving benefit by virtue of paragraph (1) or (2) of regulation 12 of the Persons from Abroad Regulations is a person to whom section 115 of the Act does not apply;
(b) attendance allowance, disability living allowance, carer’s allowance, severe disablement allowance, a social fund payment or child benefit under the Contributions and Benefits Act, as the case may be, a person who is entitled to or is receiving benefit by virtue of paragraph (10) of regulation 12 is a person to whom section 115 of the Act does not apply.
(c) state pension credit under the State Pension Credit Act 2002, a person to whom sub-paragraph (a) 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.
(5) For the purposes of entitlement to universal credit, income support, a jobseeker’s allowance an income-based jobseeker’s allowance under the Jobseekers Act 1995, an employment and support allowance income-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.
(6) For the purposes of entitlement to housing benefit ... 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.
(7) 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.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/uksi/2000/636/regulation/2 (the official version)
Page: https://openlegislation.uk/social-security-immigration-and-asylum-consequential-amendments-regulations-2000/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.