The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

Amendment of the Housing Benefit RegulationsU.K.

6.—[F1(1) The Housing Benefit Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation) after the definition of “housing association" there shall be inserted the following definition–

““Immigration and Asylum Act" means the Immigration and Asylum Act 1999 M1;”.

(3) In regulation 7A (persons from abroad)–

(a)paragraphs (2), (3), (4)(a), (b), (c), (d), (e)(iv), (v) and (vi), (f) and (g), (4A), (5)(a), (b) and (c) and (5A) shall be omitted;

(b)in paragraph (6) the words “Paragraphs (3)(b) and (4A)" shall be substituted by the words “ Paragraph 1 of Part I of the Schedule to, and regulation 2 as it applies to that paragraph of, the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000. ”; and

(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.

(4) In paragraph (4) of regulation 33 (calculation of income other than earnings) for the words following “paragraph (1)" there shall be substituted the following sub-paragraphs–

“(a)any payment to which regulation 28(2) (payments not earnings) applies; or

(b)in the case of a claimant who is receiving support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.”.

(5) In Schedule A1 (treatment of claims for housing benefit by refugees)–

(a)in paragraph 1(1)(b) for the words following paragraph (ii) there shall be substituted the following words “ his claim for housing benefit shall be treated as having been made on the date specified in sub-paragraph (2) ”;

(b)in paragraph 1(2) for heads (a) and (b), there shall be substituted the following words–

“on the date on which his claim for asylum was recorded by the Secretary of State as having been made.”;

(c)after paragraph 1 there shall be inserted the following paragraph–

“ Appropriate authority to whom a claim for housing benefit by a refugee shall be made and time for making a claim

2A.—(1) A claim for housing benefit made by a refugee on or after 3rd April 2000 for the relevant period may be made to the appropriate authority for the area in which the dwelling which the claimant occupied as his home was situate and in respect of which he was liable to make payments.

(2) Where the claimant has occupied more than one dwelling as his home in the relevant period, only one claim for housing benefit shall be made in respect of that period and such a claim shall be made to the authority for the area in which the dwelling occupied by the refugee is situate and in respect of which he was liable to make payments when, after he is notified that he has been recorded by the Secretary of State as a refugee, he makes a claim for housing benefit.

(3) The appropriate authority to which a claim for housing benefit is made in accordance with this paragraph, shall determine the claimant’s entitlement to that benefit for the whole of the relevant period.

(4) A claim for housing benefit to which this paragraph refers, shall be made within 28 days of a claimant receiving notification from the Secretary of State that he has been recorded as a refugee.

(5) Regulation 72(15) of these Regulations (backdating of claims) shall not have effect with respect to claims to which this Schedule applies.”; and

(d)paragraph 2 shall be omitted.

(6) In paragraph 21 of Schedule 4 (treatment of income in kind) after the words “income in kind" there shall be added the following words–

“except where regulation 33(4)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act in the calculation of income other than earnings) applies”.

(7) In paragraph 62 of Schedule 4 and paragraph 51 of Schedule 5 for the words “ regulation 21ZA" there shall be substituted the words “ regulation 21ZB ”.]