Legislation

Question 1

Sch 3 NIAA 2002

Answer 1

SCHEDULE 3Withholding and Withdrawal of Support

Question 2

Sch 3 NIAA 2002
Para 1(1)

Answer 2

A person to whom this paragraph applies shall not be eligible for support or assistance under—
…
(j) section 188(3) or 204(4) of the Housing Act 1996 (c 52) (accommodation pending review or appeal),
…

Question 3

s115 IAA 1999

Answer 3

(1) No person is entitled [to universal credit under Part 1 of the Welfare Reform Act 2012 or] to income-based jobseeker’s allowance under the Jobseekers Act 1995 [or to state pension credit under the State Pension Credit Act 2002] [or to income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance)] [, to universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015][, to personal independence payment under Part 5 of that Order] [or to personal independence payment] or to—
(a) attendance allowance,
(b) severe disablement allowance,
(c) [carer’s allowance],
(d) disability living allowance,
(e) income support,
(f) . . .
(g) . . .
(h) a social fund payment,

[(ha) health in pregnancy grant,] [or]

(i) child benefit,
(j) housing benefit, or
(k) council tax benefit,

under the Social Security Contributions and Benefits Act 1992 while he is a person to whom this section applies.

…
(3) This section applies to a person subject to immigration control unless he falls within such category or description, or satisfies such conditions, as may be prescribed.
…
(9) “A person subject to immigration control” means a person . . . who—

(a) requires leave to enter or remain in the United Kingdom but does not have it;
(b) has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds;
(c) has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking; or
(d) has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.

Question 4

Para 17 of Sch 4 IAA 1999

Answer 4

[repealed by NIAA 2002]
Continuation of leave

17

(1) While an appeal under section 61 or 69(2) is pending, the leave to which the appeal relates and any conditions subject to which it was granted continue to have effect.
(2) A person may not make an application for a variation of his leave to enter or remain while that leave is treated as continuing to have effect as a result of sub-paragraph (1).
(3) For the purposes of section 61 or 69(2), in calculating whether, as a result of a decision, a person may be required to leave the United Kingdom within 28 days, a continuation of leave under this paragraph is to be disregarded.

Question 5

S13(2) AIA 1996

Answer 5

a person is ‘subject to immigration control’ if s/he ‘requires leave to enter or remain in the UK (whether or not such leave has been given)’