HC Deb 12 June 2002 vol 386 c892

2 (1) Paragraph 1 does not prevent the provision of support or assistance—

  1. (a) to a child, or
  2. (b) under or by virtue of regulations made under paragraph 8, 9 or 10 below, or
  3. (c) in a case in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1.

(2) Regulations under sub-paragraph (1)(c) may confer a discretion on the Secretary of State.

(3) A reference in this Schedule to a person to whom paragraph 1 applies includes a reference to a person in respect of whom that paragraph is disapplied to a limited extent by regulations under sub-paragraph (1)(c), except in a case for which the regulations provide otherwise.

3 Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of—

  1. (a) a person's Convention rights, or
  2. (b) a person's rights under the Community Treaties.
First class of ineligible person: refugee status abroad

4 (1) Paragraph 1 applies to a person if he—

  1. (a) has refugee status abroad, or
  2. (b) is the dependant of a person who is in the United Kingdom and who has refugee status abroad.

(2) For the purposes of this paragraph a person has refugee status abroad if—

  1. (a) he does not have the nationality of an EEA State, and
  2. (b) the government of an EEA State other than the United Kingdom has determined that he is entitled to protection as a refugee under the Refugee Convention.
Second class of ineligible person: citizen of other EEA State

5 Paragraph I applies to a person who has the nationality of an EEA State other than the United Kingdom if—

  1. (a) his presence in the United Kingdom is not in reliance on a right under or by virtue of the Community Treaties, or
  2. (b) his presence in the United Kingdom is in reliance on a right under or by virtue of the Community Treaties which permits residence in a member State subject to conditions designed to avoid burdens on social assistance systems or social security systems.