In October 1995 the DSS announced draft regulations to restrict Social Security benefit claims by immigrants (DSS Press Release ref COI1344). The new regulations came into force on 5th February 1996 as the Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996, SI 1996/30.

Within a few months (on 21st June 1996) the Court of Appeal held that introducing regulations of such draconian effect merely by statutory instrument was ultra vires the Minister and that primary legislation alone could achieve such a "sorry state of affairs". Within weeks, primary legislation did exactly that.

On 24th July the Asylum and Immigration Act 1996 was passed with a hastily added schedule 1 providing that the 1996 regulations (SI 1996/30) should come into effect as from that date in relation to Income Support, Housing Benefit and Council Benefit and further providing that claims in respect of the period between 5th February 1996 and 24th July 1996 would only be met if they had been made before 24th July 1996.

The Asylum Support Appeals (Procedure) Rules 2000, SI 2000/541, the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, SI 2000/636 and the Asylum Support Regulations 2000, SI 2000/704 (all of which came into force on 3rd April 2000) cover provision of help and support for asylum seekers.

Part 3 of the Nationality, Immigration and Asylum Act 2002 (ss.43 to 61) provides that certain categories of person are ineligible for support unless provision is made in regulations to the contrary. Examples include those who fail to make their asylum claim as soon as reasonably practicable after their arrival in the UK , those who have refugee status in another EU Member State and persons unlawfully in the UK.