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Top Income Support & Jobseeker's Allowance topic #448

Subject: "IS claim for a person who is liable to be detained" First topic | Last topic
Helen Twigg
                              

Support and Development Worker, Centrepoint - Greek Street, London
Member since
14th Jul 2004

IS claim for a person who is liable to be detained
Wed 14-Jul-04 10:42 AM

We have a client who has been in this country for five years and as an IS96 which prohibits her right to enter employment and requires her to attend the Croydon Enforcement Unit weekly but does not say anything about recourse to public funds. She has recently been declined IS on the grounds that she is a person from abroad. Does anyone know whether this is accurate.

  

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shawn
                              

Charter member

RE: IS claim for a person who is liable to be detained
Wed 14-Jul-04 12:14 PM

the starting point will be to determine whether she is a person "subject to immigration control" for benefit purposes - this definition is found in s.115(9) of the imm and asylum act 1999 (@ http://www.hmso.gov.uk/acts/acts1999/90033--f.htm#115)

if they're not caught by the definition, they're not barred from benefit .... if they are, you then need to consider whether they fall into an excepted category, which for income support can be found in Part 1 of the schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (http://www.hmso.gov.uk/si/si2000/20000636.htm)

maybe post further info about her imm status/nationality etc ?

  

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Top Income Support & Jobseeker's Allowance topic #448First topic | Last topic