Office of Public Sector Information
(1) In this Part—
“adjudicator” has the meaning given in section 102(2);
“asylum-seeker” means a person who is not under 18 and has made a claim for asylum which has been recorded by the Secretary of State but which has not been determined;
“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention, or under Article 3 of the Human Rights Convention, for the claimant to be removed from, or required to leave, the United Kingdom;
“the Department” means the Department of Health and Social Services for Northern Ireland;
“dependant”, in relation to an asylum-seeker or a supported person, means a person in the United Kingdom who—
is his spouse;
is a child of his, or of his spouse, who is under 18 and dependent on him; or
falls within such additional category, if any, as may be prescribed;
“the Executive” means the Northern Ireland Housing Executive;
“housing accommodation” includes flats, lodging houses and hostels;
“local authority” means—
in England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in Scotland, a council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994;
“supported person” means—
an asylum-seeker, or
a dependant of an asylum-seeker,
who has applied for support and for whom support is provided under section 95.
(2) References in this Part to support provided under section 95 include references to support which is provided under arrangements made by the Secretary of State under that section.
(3) For the purposes of this Part, a claim for asylum is determined at the end of such period beginning—
(a) on the day on which the Secretary of State notifies the claimant of his decision on the claim, or
(b) if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of,
as may be prescribed.
(4) An appeal is disposed of when it is no longer pending for the purposes of the Immigration Acts or the [1997 c. 68.] Special Immigration Appeals Commission Act 1997.
(5) If an asylum-seeker’s household includes a child who is under 18 and a dependant of his, he is to be treated (for the purposes of this Part) as continuing to be an asylum-seeker while—
(a) the child is under 18; and
(b) he and the child remain in the United Kingdom.
(6) Subsection (5) does not apply if, on or after the determination of his claim for asylum, the asylum-seeker is granted leave to enter or remain in the United Kingdom (whether or not as a result of that claim).
(7) For the purposes of this Part, the Secretary of State may inquire into, and decide, the age of any person.
(8) A notice under subsection (3) must be given in writing.
(9) If such a notice is sent by the Secretary of State by first class post, addressed—
(a) to the asylum-seeker’s representative, or
(b) to the asylum-seeker’s last known address,
it is to be taken to have been received by the asylum-seeker on the second day after the day on which it was posted.
(1) The Secretary of State may provide, or arrange for the provision of, support for—
(a) asylum-seekers, or
(b) dependants of asylum-seekers,
who appear to the Secretary of State to be destitute or to be likely to become destitute within such period as may be prescribed.
(2) In prescribed circumstances, a person who would otherwise fall within subsection (1) is excluded.
(3) For the purposes of this section, a person is destitute if—
(a) he does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met); or
(b) he has adequate accommodation or the means of obtaining it, but cannot meet his other essential living needs.
(4) If a person has dependants, subsection (3) is to be read as if the references to him were references to him and his dependants taken together.
(5) In determining, for the purposes of this section, whether a person’s accommodation is adequate, the Secretary of State—
(a) must have regard to such matters as may be prescribed for the purposes of this paragraph; but
(b) may not have regard to such matters as may be prescribed for the purposes of this paragraph or to any of the matters mentioned in subsection (6).
(6) Those matters are—
(a) the fact that the person concerned has no enforceable right to occupy the accommodation;
(b) the fact that he shares the accommodation, or any part of the accommodation, with one or more other persons;
(c) the fact that the accommodation is temporary;
(d) the location of the accommodation.
(7) In determining, for the purposes of this section, whether a person’s other essential living needs are met, the Secretary of State—
(a) must have regard to such matters as may be prescribed for the purposes of this paragraph; but
(b) may not have regard to such matters as may be prescribed for the purposes of this paragraph.
(8) The Secretary of State may by regulations provide that items or expenses of such a description as may be prescribed are, or are not, to be treated as being an essential living need of a person for the purposes of this Part.
(9) Support may be provided subject to conditions.
(10) The conditions must be set out in writing.
(11) A copy of the conditions must be given to the supported person.
(12) Schedule 8 gives the Secretary of State power to make regulations supplementing this section.
(13) Schedule 9 makes temporary provision for support in the period before the coming into force of this section.
(1) Support may be provided under section 95—
(a) by providing accommodation appearing to the Secretary of State to be adequate for the needs of the supported person and his dependants (if any);
(b) by providing what appear to the Secretary of State to be essential living needs of the supported person and his dependants (if any);
(c) to enable the supported person (if he is the asylum-seeker) to meet what appear to the Secretary of State to be expenses (other than legal expenses or other expenses of a prescribed description) incurred in connection with his claim for asylum;
(d) to enable the asylum-seeker and his dependants to attend bail proceedings in connection with his detention under any provision of the Immigration Acts; or
(e) to enable the asylum-seeker and his dependants to attend bail proceedings in connection with the detention of a dependant of his under any such provision.
(2) If the Secretary of State considers that the circumstances of a particular case are exceptional, he may provide support under section 95 in such other ways as he considers necessary to enable the supported person and his dependants (if any) to be supported.
(3) Unless the circumstances of a particular case are exceptional, support provided by the Secretary of State under subsection (1)(a) or (b) or (2) must not be wholly or mainly by way of payments made (by whatever means) to the supported person or to his dependants (if any).
(4) But the Secretary of State may by order provide for subsection (3) not to apply—
(a) in all cases, for such period as may be specified;
(b) in such circumstances as may be specified;
(c) in relation to specified categories of person; or
(d) in relation to persons whose accommodation is in a specified locality.
(5) The Secretary of State may by order repeal subsection (3).
(6) “Specified” means specified in an order made under subsection (4).
(1) When exercising his power under section 95 to provide accommodation, the Secretary of State must have regard to—
(a) the fact that the accommodation is to be temporary pending determination of the asylum-seeker’s claim;
(b) the desirability, in general, of providing accommodation in areas in which there is a ready supply of accommodation; and
(c) such other matters (if any) as may be prescribed.
(2) But he may not have regard to—
(a) any preference that the supported person or his dependants (if any) may have as to the locality in which the accommodation is to be provided; or
(b) such other matters (if any) as may be prescribed.
(3) The Secretary of State may by order repeal all or any of the following—
(a) subsection (1)(a);
(b) subsection (1)(b);
(c) subsection (2)(a).
(4) When exercising his power under section 95 to provide essential living needs, the Secretary of State—
(a) must have regard to such matters as may be prescribed for the purposes of this paragraph; but
(b) may not have regard to such other matters as may be prescribed for the purposes of this paragraph.
(5) In addition, when exercising his power under section 95 to provide essential living needs, the Secretary of State may limit the overall amount of the expenditure which he incurs in connection with a particular supported person—
(a) to such portion of the income support applicable amount provided under section 124 of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992, or
(b) to such portion of any components of that amount,
as he considers appropriate having regard to the temporary nature of the support that he is providing.
(6) For the purposes of subsection (5), any support of a kind falling within section 96(1)(c) is to be treated as if it were the provision of essential living needs.
(7) In determining how to provide, or arrange for the provision of, support under section 95, the Secretary of State may disregard any preference which the supported person or his dependants (if any) may have as to the way in which the support is to be given.
(1) The Secretary of State may provide, or arrange for the provision of, support for—
(a) asylum-seekers, or
(b) dependants of asylum-seekers,
who it appears to the Secretary of State may be destitute.
(2) Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 95.
(3) Subsections (2) to (11) of section 95 apply for the purposes of this section as they apply for the purposes of that section.
(1) A local authority may provide support for asylum-seekers and their dependants (if any) in accordance with arrangements made by the Secretary of State under section 95.
(2) Such support may be provided by the local authority—
(a) in one or more of the ways mentioned in section 96(1) and (2);
(b) whether the arrangements in question are made with the authority or with another person.
(3) The Executive may provide support by way of accommodation for asylum-seekers and their dependants (if any) in accordance with arrangements made by the Secretary of State under section 95, whether the arrangements in question are made with the Executive or with another person.
(4) A local authority may incur reasonable expenditure in connection with the preparation of proposals for entering into arrangements under section 95.
(5) The powers conferred on a local authority by this section include power to—
(a) provide services outside their area;
(b) provide services jointly with one or more bodies who are not local authorities;
(c) form a company for the purpose of providing services;
(d) tender for contracts (whether alone or with any other person).
(1) This section applies if the Secretary of State asks—
(a) a local authority,
(b) a registered social landlord,
(c) a registered housing association in Scotland or Northern Ireland, or
(d) the Executive,
to assist him to exercise his power under section 95 to provide accommodation.
(2) The person to whom the request is made must co-operate in giving the Secretary of State such assistance in the exercise of that power as is reasonable in the circumstances.
(3) Subsection (2) does not require a registered social landlord to act beyond its powers.
(4) A local authority must supply to the Secretary of State such information about their housing accommodation (whether or not occupied) as he may from time to time request.
(5) The information must be provided in such form and manner as the Secretary of State may direct.
(6) “Registered social landlord” has the same meaning as in Part I of the [1996 c. 52.] Housing Act 1996.
(7) “Registered housing association” has the same meaning—
(a) in relation to Scotland, as in the [1985 c. 69.] Housing Associations Act 1985; and
(b) in relation to Northern Ireland, as in Part II of the [S.I. 1992/1725 (N.I. 15).] Housing (Northern Ireland) Order 1992.
(1) The Secretary of State may by order designate as reception zones—
(a) areas in England and Wales consisting of the areas of one or more local authorities;
(b) areas in Scotland consisting of the areas of one or more local authorities;
(c) Northern Ireland.
(2) Subsection (3) applies if the Secretary of State considers that—
(a) a local authority whose area is within a reception zone has suitable housing accommodation within that zone; or
(b) the Executive has suitable housing accommodation.
(3) The Secretary of State may direct the local authority or the Executive to make available such of the accommodation as may be specified in the direction for a period so specified—
(a) to him for the purpose of providing support under section 95; or
(b) to a person with whom the Secretary of State has made arrangements under section 95.
(4) A period specified in a direction under subsection (3)—
(a) begins on a date so specified; and
(b) must not exceed five years.
(5) A direction under subsection (3) is enforceable, on an application made on behalf of the Secretary of State, by injunction or in Scotland an order under section 45(b) of the [1988 c. 36.] Court of Session Act 1988.
(6) The Secretary of State’s power to give a direction under subsection (3) in respect of a particular reception zone must be exercised by reference to criteria specified for the purposes of this subsection in the order designating that zone.
(7) The Secretary of State may not give a direction under subsection (3) in respect of a local authority in Scotland unless the Scottish Ministers have confirmed to him that the criteria specified in the designation order concerned are in their opinion met in relation to that authority.
(8) Housing accommodation is suitable for the purposes of subsection (2) if it—
(a) is unoccupied;
(b) would be likely to remain unoccupied for the foreseeable future if not made available; and
(c) is appropriate for the accommodation of persons supported under this Part or capable of being made so with minor work.
(9) If housing accommodation for which a direction under this section is, for the time being, in force—
(a) is not appropriate for the accommodation of persons supported under this Part, but
(b) is capable of being made so with minor work,
the direction may require the body to whom it is given to secure that that work is done without delay.
(10) The Secretary of State must make regulations with respect to the general management of any housing accommodation for which a direction under subsection (3) is, for the time being, in force.
(11) Regulations under subsection (10) must include provision—
(a) as to the method to be used in determining the amount of rent or other charges to be payable in relation to the accommodation;
(b) as to the times at which payments of rent or other charges are to be made;
(c) as to the responsibility for maintenance of, and repairs to, the accommodation;
(d) enabling the accommodation to be inspected, in such circumstances as may be prescribed, by the body to which the direction was given;
(e) with respect to the condition in which the accommodation is to be returned when the direction ceases to have effect.
(12) Regulations under subsection (10) may, in particular, include provision—
(a) for the cost, or part of the cost, of minor work required by a direction under this section to be met by the Secretary of State in prescribed circumstances;
(b) as to the maximum amount of expenditure which a body may be required to incur as a result of a direction under this section.
(13) The Secretary of State must by regulations make provision (“the dispute resolution procedure”) for resolving disputes arising in connection with the operation of any regulations made under subsection (10).
(14) Regulations under subsection (13) must include provision—
(a) requiring a dispute to be resolved in accordance with the dispute resolution procedure;
(b) requiring the parties to a dispute to comply with obligations imposed on them by the procedure; and
(c) for the decision of the person resolving a dispute in accordance with the procedure to be final and binding on the parties.
(15) Before—
(a) designating a reception zone in Great Britain,
(b) determining the criteria to be included in the order designating the zone, or
(c) making regulations under subsection (13),
the Secretary of State must consult such local authorities, local authority associations and other persons as he thinks appropriate.
(16) Before—
(a) designating Northern Ireland as a reception zone, or
(b) determining the criteria to be included in the order designating Northern Ireland,
the Secretary of State must consult the Executive and such other persons as he thinks appropriate.
(17) Before making regulations under subsection (10) which extend only to Northern Ireland, the Secretary of State must consult the Executive and such other persons as he thinks appropriate.
(18) Before making any other regulations under subsection (10), the Secretary of State must consult—
(a) such local authorities, local authority associations and other persons as he thinks appropriate; and
(b) if the regulations extend to Northern Ireland, the Executive.
(1) There are to be adjudicators to hear appeals under this Part.
(2) A person appointed as an adjudicator under this Part is to be known as an Asylum Support Adjudicator (but is referred to in this Part as “an adjudicator”).
(3) Schedule 10 makes further provision with respect to adjudicators.
(1) If, on an application for support under section 95, the Secretary of State decides that the applicant does not qualify for support under that section, the applicant may appeal to an adjudicator.
(2) If the Secretary of State decides to stop providing support for a person under section 95 before that support would otherwise have come to an end, that person may appeal to an adjudicator.
(3) On an appeal under this section, the adjudicator may—
(a) require the Secretary of State to reconsider the matter;
(b) substitute his decision for the decision appealed against; or
(c) dismiss the appeal.
(4) The adjudicator must give his reasons in writing.
(5) The decision of the adjudicator is final.
(6) If an appeal is dismissed, no further application by the appellant for support under section 95 is to be entertained unless the Secretary of State is satisfied that there has been a material change in the circumstances.
(7) The Secretary of State may by regulations provide for decisions as to where support provided under section 95 is to be provided to be appealable to an adjudicator under this Part.
(8) Regulations under subsection (7) may provide for any provision of this section to have effect, in relation to an appeal brought by virtue of the regulations, subject to such modifications as may be prescribed.
(9) The Secretary of State may pay any reasonable travelling expenses incurred by an appellant in connection with attendance at any place for the purposes of an appeal under this section.
(1) The Secretary of State may make rules regulating—
(a) the bringing of appeals under this Part; and
(b) the practice and procedure of the adjudicators.
(2) The rules may, in particular, make provision—
(a) for the period within which an appeal must be brought;
(b) as to the burden of proof on an appeal;
(c) as to the giving and admissibility of evidence;
(d) for summoning witnesses;
(e) for an appeal to be heard in the absence of the appellant;
(f) for determining an appeal without a hearing;
(g) requiring reports of decisions of adjudicators to be published;
(h) conferring such ancillary powers on adjudicators as the Secretary of State considers necessary for the proper discharge of their functions.
(3) In making the rules, the Secretary of State must have regard to the desirability of securing, so far as is reasonably practicable, that appeals are brought and disposed of with the minimum of delay.
(1) A person is guilty of an offence if, with a view to obtaining support for himself or any other person under any provision made by or under this Part, he—
(a) makes a statement or representation which he knows is false in a material particular;
(b) produces or gives to a person exercising functions under this Part, or knowingly causes or allows to be produced or given to such a person, any document or information which he knows is false in a material particular;
(c) fails, without reasonable excuse, to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or
(d) without reasonable excuse, knowingly causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part.
(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or to both.
(1) A person is guilty of an offence if, with a view to obtaining any benefit or other payment or advantage under this Part for himself or any other person, he dishonestly—
(a) makes a statement or representation which is false in a material particular;
(b) produces or gives to a person exercising functions under this Part, or causes or allows to be produced or given to such a person, any document or information which is false in a material particular;
(c) fails to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or
(d) causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.
(3) In the application of this section to Scotland, in subsection (1) for “dishonestly” substitute “knowingly”.
(1) A person is guilty of an offence if, without reasonable excuse, he—
(a) intentionally delays or obstructs a person exercising functions conferred by or under this Part; or
(b) refuses or neglects to answer a question, give any information or produce a document when required to do so in accordance with any provision made by or under this Part.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) A person is guilty of an offence if, during any period in respect of which he has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person—
(a) he persistently refuses or neglects, without reasonable excuse, to maintain that person in accordance with the undertaking; and
(b) in consequence of his refusal or neglect, support under any provision made by or under this Part is provided for or in respect of that person.
(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale, or to both.
(3) For the purposes of this section, a person is not to be taken to have refused or neglected to maintain another person by reason only of anything done or omitted in furtherance of a trade dispute.
(1) If an offence under section 105, 106, 107 or 108 committed by a body corporate is proved—
(a) to have been committed with the consent or connivance of an officer, or
(b) to be attributable to neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) “Officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity.
(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4) If an offence under section 105, 106, 107 or 108 committed by a partnership in Scotland is proved—
(a) to have been committed with the consent or connivance of a partner, or
(b) to be attributable to neglect on his part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(5) “Partner” includes a person purporting to act as a partner.
Immigration and Asylum Act 1999