§ 2 (1) Paragraph 1 does not prevent the provision of support or assistance—
- (a) to a child, or
- (b) under or by virtue of regulations made under paragraph 8, 9 or 10 below, or
- (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—
- (a) a person's Convention rights, or
- (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—
- (a) has refugee status abroad, or
- (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—
- (a) he does not have the nationality of an EEA State, and
- (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—
- (a) his presence in the United Kingdom is not in reliance on a right under or by virtue of the Community Treaties, or
- (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.