Regulation 3 Persons treated as being in Great Britain

(1)

Amend regulation 5 of the Disability Working Allowance Regulations and regulation 3 of the Family Credit Regulations as follows.

(2)

In paragraph (1A)^f1 after sub-paragraph (d) add

“or

(e)

he is a person who—

(i)

has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon the undertaking of another person, or persons, pursuant to the immigration rules within the meaning of the Immigration Act 1971^f2, to be responsible for his maintenance and accommodation, and

(ii)

has been resident in the United Kingdom for a period of at least 5 years beginning with his date of entry into the United Kingdom, or the date on which the undertaking was given in respect of him, whichever is the later, or

(f)

he is a person who—

(i)

has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon the undertaking of another person, or persons, pursuant to the immigration rules mentioned in sub-paragraph (e) above, to be responsible for his maintenance and accommodation, and

(ii)

has been resident in the United Kingdom for less than 5 years beginning with his date of entry into the United Kingdom, or the date on which the undertaking was given in respect of him, whichever is the later, but the person giving the undertaking has died or, where the undertaking was given by more than one person, they have all died.”.

(3)

This regulation shall have effect in relation to award periods commencing on or after 28th November 2000.

Annotations

Footnotes

f1: Regulation 5(1A) and regulation 3(1A) were inserted by regulations 5(b) and 6(b) of S.I. 1996/30 and amended by regulation 18(1) and (2)(b) and (c) of S.I. 1998/563 and regulation 3(b) of S.I. 2000/795.
f2: 1971 c. 77.