Regulation 18 Common amendments with respect to persons from abroad

England, Wales and Scotland

(1)

In each of the regulations specified in paragraph (2) below (conditions affecting the entitlement of a person from abroad to the relevant benefits), for the words “to remain in the United Kingdom by the Secretary of State" there shall be substituted the words—

“(i)
to enter the United Kingdom by an immigration officer appointed for the purposes of the Immigration Act 1971 M1; or
(ii)
to remain in the United Kingdom by the Secretary of State”.

(2)

The regulations specified in this paragraph are—

(a)

regulation 14B(b) of the Child Benefit (General) Regulations 1976 M2;

(b)

regulation 5(1A)(b) of the Disability Working Allowance Regulations M3;

(c)

regulation 3(1A)(b) of the Family Credit Regulations M4;

(d)

regulation 2(1A)(b) of the Social Security (Attendance Allowance) Regulations 1991 M5;

(e)

regulation 2(1A)(b) of the Social Security (Disability Living Allowance) Regulations 1991 M6;

(f)

regulation 9(1A)(b) of the Social Security (Invalid Care Allowance) Regulations 1976 M7; and

(g)

regulation 3(1B)(b) of the Social Security (Severe Disablement Allowance) Regulations 1984 M8.

(3)

In each of the regulations specified in paragraph (4) below (conditions affecting the entitlement of a person from abroad to the relevant benefits) after the words “exceptional leave"there shall be inserted the words “ to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971, or ”.

(4)

The regulations specified in this paragraph are—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

regulation 21(3) of the Income Support Regulations M9 in sub-paragraph (c) of the second definition of “person from abroad"; and

(d)

regulation 85(4) of the Jobseeker’s Allowance Regulations M10 in sub-paragraph (c) of the second definition of “person from abroad".

Annotations

Textual amendments

F1: Reg. 18(4)(a)(b) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Marginal citations

M1: 1971 c.77.
M2: S.I.1976/965; regulation 14B was inserted by S.I.1996/2327; relevant amending instrument S.I.1996/2530.
M3: Paragraph (1A) was inserted in regulation 5 by S.I.1996/30.
M4: Paragraph (1A) was inserted in regulation 3 by S.I.1996/30.
M5: S.I.1991/2740; paragraph (1A) was inserted in regulation 2 by S.I.1996/30.
M6: S.I.1991/2890; paragraph (1A) was inserted in regulation 2 by S.I.1996/30.
M7: S.I.1976/409; paragraph (1A) was inserted in regulation 9 by S.I.1996/30.
M8: S.I.1984/1303; paragraph (1B) was inserted in regulation 3 by S.I.1996/30.
M9: This definition was inserted in regulation 21(3) by S.I.1994/1807; relevant amending instrument S.I.1996/1944.
M10: Relevant amending instrument S.I.1996/1516.