Immigration Bill (HL Bill 79)

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(b) omit “(asylum-seeker)”.

(4) In section 35—

(a) in subsection (2), for “section 95 or 98” substitute “section 95, 95A, 98
or 98A”;

(b) 5in subsection (3), after “section 95” insert “or 95A”.

(5) In section 43—

(a) in subsection (1), for “asylum-seeker” substitute “asylum-seekers
and failed asylum-seekers, etc”;

(b) the heading of that section becomes “Form of support under Part 6
10of the Immigration and Asylum Act 1999
”.

(6) In section 51 (choice of form of support), in subsection (2), omit the “and”
after paragraph (b) and after paragraph (c) insert , and

(d) sections 95A and 98A of that Act (support for destitute failed
asylum-seekers).”

(7) 15In section 55 (late claim for asylum: refusal of support), in subsection (2),
after paragraph (a) insert—

(aa) sections 95A and 98A of that Act (support for failed asylum-
seeker, &c),”.

(8) In Schedule 3 (withholding and withdrawal of support)—

(a) 20omit paragraph 7A;

(b) in paragraph 14(1) and (2), for “, 7 or 7A” substitute “or 7”.

26 In section 9 of the Asylum and Immigration (Treatment of Claimants, etc.)
Act 2004 (failed asylum-seekers: withdrawal of support)—

(a) omit subsections (1) and (4);

(b) 25in subsection (3)(a) and (b), omit “other than paragraph 7A”.

27 In the Immigration, Asylum and Nationality Act 2006, omit section 44
(power to repeal paragraph 7A of Schedule 3 to the Nationality, Immigration
and Asylum Act 2002).

28 In section 40 of the UK Borders Act 2007 (supply of Revenue and Customs
30information), in subsection (1)(f), for “asylum-seekers and their dependants”
substitute “persons”.

Accommodation centres: definition of “asylum-seeker” etc

29 (1) Section 18 of the Nationality, Immigration and Asylum Act 2002 (definition
of asylum-seeker for purposes of Part 2) is amended as follows.

(2) 35For subsection (1) substitute—

(1) For the purposes of this Part a person is an “asylum-seeker” if—

(a) the person is at least 18 years old,

(b) the person has made a protection claim, and

(c) the person’s claim—

(i) 40has been recorded by the Secretary of State, but

(ii) has not been determined.

(1A) A person is also an “asylum-seeker” for the purposes of this Part if
the person is an asylum-seeker for the purposes of Part 6 of the

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Immigration and Asylum Act 1999 by virtue of section 94(2B) or (3C)
of that Act.”

(3) For subsection (3) substitute—

(3) “Protection claim” has the meaning given by section 82(2).”

30 (1) 5In consequence of the amendment made by paragraph 29(3), section 26A of
the Immigration Act 1971 (registration card) is amended as follows.

(2) In subsection (1)(b)(i), for “claim for asylum” substitute “protection claim”.

(3) In subsection (2), for ““claim for asylum”” substitute ““protection claim””.

31 In consequence of the amendments made by paragraph 29, the Nationality,
10Immigration and Asylum Act 2002 is amended as follows.

32 In section 16 (establishment of accommodation centres), in subsection (3)(b),
for “claims for asylum” substitute “protection claims”.

33 In section 21(3), for “claim for asylum” substitute “protection claim”.

34 In section 29 (facilities), in subsection (1)(c), for “claim for asylum” substitute
15“protection claim”.

35 (1) Section 55 (late claim for asylum: refusal of support) is amended as follows.

(2) In subsections (1)(a), (3)(a) and (6)(a), for “claim for asylum” substitute
“protection claim”.

(3) In subsection (9), for ““claim for asylum”” substitute ““protection claim””.

(4) 20The heading of the section becomes “Late protection claim: refusal of
support
”.

36 In section 70 (induction), in the definition of “asylum-seeker” in subsection
(3), after “section 18(1)(a)” insert “of this Act and section 94(2B)(a) of the
Immigration and Asylum Act 1999”.

37 (1) 25Section 71 (asylum-seeker: residence, etc restriction) is amended as follows.

(2) In subsection (1)(a), for “claim for asylum” substitute “protection claim”.

(3) In subsection (5), for ““claim for asylum”” substitute ““protection claim””.

38 In Schedule 3 (withholding and withdrawal of support), in paragraph 17(1),
for the definition of “asylum-seeker” substitute—

  • 30““asylum-seeker” has the meaning given by section 18,”.

Repeal of uncommenced provisions

39 The following provisions of the Nationality, Immigration and Asylum Act
2002, which contain amendments that have never been brought into force,
are repealed—

(a) 35section 44 (which amends sections 94 and 95 of the Immigration and
Asylum Act 1999);

(b) sections 45 and 46;

(c) section 47 (which inserts a new section 122 into that Act);

(d) section 53 (which inserts new sections 103, 103A and 103B into that
40Act).

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40 In Schedule 15 to the National Health Service (Wales) Act 2006, in paragraph
2, for sub-paragraph (7) substitute—

(7) Subsections (3) and (5) to (8) of section 95 of the Immigration and
Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply
5for the purposes of sub-paragraph (6) as they apply for the
purposes of that section, but with references in section 95(5) and
(7) and that paragraph to the Secretary of State being read as
references to a local social services authority.”

41 In Schedule 3 to the National Health Service (Consequential Provisions) Act
102006, omit paragraph 9.

42 In section 21 of the Care Act 2014, for subsections (2) and (3) substitute—

(2) For the purposes of subsection (1), section 95(3) and (5) to (8) of, and
paragraph 2 of Schedule 8 to, the 1999 Act apply but with references
in section 95(5) and (7) and that paragraph to the Secretary of State
15being read as references to the local authority in question.”

43 In section 46 of the Social Services and Well-being (Wales) Act 2014, for
subsections (2) and (3) substitute—

(2) For the purposes of subsection (1), section 95(3) and (5) to (8) of, and
paragraph 2 of Schedule 8 to, the 1999 Act apply but with references
20in section 95(5) and (7) and that paragraph to the Secretary of State
being read as references to the local authority in question.”

Part 2 Transitional and saving provision

44 (1) The repeals made by paragraphs 1 and 2 do not apply in relation to—

(a) 25any person for whom accommodation is being provided under
section 4 of the Immigration and Asylum Act 1999 immediately
before the day on which those paragraphs come into force,

(b) any person who has made an application before that day for
accommodation to be provided under that section and whose
30application has not been determined or withdrawn before that day,

(c) any person who has appealed before that day against a decision not
to provide accommodation for the person under that section, or a
decision not to continue to provide accommodation for the person
under that section, and whose appeal has not been determined or
35withdrawn before that day, and

(d) any dependant of a person within paragraph (a), (b) or (c).

This is subject to sub-paragraph (2).

(2) The repeals made by paragraph 2(d) (which remove the right to appeal
against a decision not to continue to provide accommodation for a person
40under section 4 of the Immigration and Asylum Act 1999) apply in relation
to any decision not to continue to provide accommodation under that
section for any person within sub-paragraph (1) which is made on or after
the day on which paragraph 2(d) comes into force.

(3) On and after the day on which paragraphs 1 and 2 come into force, section 4
45of the Immigration and Asylum Act 1999 has effect in relation to persons

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within sub-paragraph (1) as if in subsection (11)(b) the word “not” were
omitted.

(4) In this paragraph “dependant” has the same meaning as in Part 6 of the
Immigration and Asylum Act 1999 (see section 94 of that Act).

45 (1) 5The repeal made by paragraph 7(5) does not apply in relation to—

(a) any person for whom support is being provided under section 95 of
the Immigration and Asylum Act 1999 by virtue of section 94(5) of
that Act immediately before the day on which paragraph 7(5) comes
into force,

(b) 10any person who has made an application before that day for support
to be provided under section 95 of that Act and whose application
has not been determined or withdrawn before that day,

(c) any person who has appealed before that day against a decision not
to provide support for the person under that section, or a decision
15not to continue to provide support for the person under that section,
and whose appeal has not been determined or withdrawn before that
day, and

(d) any dependant of a person within paragraph (a), (b) or (c).

(2) Where by virtue of sub-paragraph (1) a person is provided with support
20under section 95 of the Immigration and Asylum Act 1999 by virtue of
section 94(5) of that Act on or after the day on which paragraph 7(5) comes
into force, section 103 of that Act (appeals) does not apply in relation to any
decision not to continue to provide that support for that person which is
made on or after that day.

(3) 25In this paragraph “dependant” has the same meaning as in Part 6 of the
Immigration and Asylum Act 1999 (see section 94 of that Act).

46 Schedule 3 to the Nationality, Immigration and Asylum Act 2002
(withholding and withdrawal of support) has effect as if—

(a) after paragraph 7B there were inserted—

30“Seventh class of ineligible person: transitional cases

7C (1) Paragraph 1 applies to a person if—

(a) the person is a transitionally-supported person (see
sub-paragraph (3)),

(b) the Secretary of State has certified that, in the
35Secretary of State’s opinion, the person has failed
without reasonable excuse to take reasonable
steps—

(i) to leave the United Kingdom voluntarily, or

(ii) to place himself in a position in which he is
40able to leave the United Kingdom
voluntarily,

(c) the person has received a copy of the Secretary of
State’s certificate, and

(d) the period of 14 days, beginning with the date on
45which the person receives the copy of the
certificate, has elapsed.

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(2) Paragraph 1 also applies to a dependant of a person to
whom that paragraph applies by virtue of sub-paragraph
(1).

(3) A person is a “transitionally-supported person” if—

(a) 5accommodation is provided for the person by
virtue of section 4 of the Immigration and Asylum
Act 1999 as that section has effect by virtue of
paragraph 44 of Schedule 8 to the Immigration Act
2016, or

(b) 10support is provided for the person under section 95
of the Immigration and Asylum Act 1999 by virtue
of section 94(5) of that Act, as that provision has
effect by virtue of paragraph 45 of that Schedule.

(4) For the purpose of sub-paragraph (1)(d), if the Secretary of
15State sends a copy of a certificate by first class post to a
person’s last known address, the person is treated as
receiving the copy on the second day after the day on
which it was posted.

(5) The Secretary of State may by regulations vary the period
20specified in sub-paragraph (1)(d).”, and

(b) in paragraph 14 (information), references to paragraph 7 included a
reference to the paragraph 7C treated as inserted by this Schedule.

Section 38

SCHEDULE 9 Availability of local authority support

1 25Schedule 3 to the Nationality, Immigration and Asylum Act 2002
(withholding and withdrawal of support) is amended as follows.

2 (1) Paragraph 1 (ineligibility for support) is amended as follows.

(2) In sub-paragraph (1) (excluded support or assistance) after paragraph (g)
insert—

(ga) 30in relation only to a person to whom this paragraph
applies by virtue of paragraph 7B—

(i) section 23CZA of that Act (arrangements for
certain former relevant children to continue to live
with former foster parents), or

(ii) 35regulations under section 23D of that Act (personal
advisers),”.

(3) After sub-paragraph (2) insert—

(2A) In the case of the provisions referred to in sub-paragraph (1)(ga),
sub-paragraph (2) applies only in relation to a person to whom
40this paragraph applies by virtue of paragraph 7B.”

3 After paragraph 1 insert—

1A (1) A person to whom this paragraph applies is not eligible for
assistance under section 23C(4)(b), 23CA(4) or 24B(2)(b) of the

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Children Act 1989 (grants to meet expenses connected with
education or training) which consists of a grant to enable the
person to meet all or part of the person’s tuition fees.

(2) The duty in section 23C(4)(b) or 23CA(4) of that Act and the power
5in section 24B(2)(b) of that Act may not be exercised or performed
in respect of a person to whom this paragraph applies so as to
make a grant to enable the person to meet all or part of the
person’s tuition fees.

(3) This paragraph applies to a person in England who is aged 18 or
10over and who—

(a) has leave to enter or remain in the United Kingdom which
has been granted for a limited period,

(b) is an asylum-seeker, or

(c) has made an application for leave to enter or remain in the
15United Kingdom which has not been withdrawn or
determined.

(4) In this paragraph “tuition fees” means fees payable for a course of
a description mentioned in Schedule 6 to the Education Reform
Act 1988.”

4 (1) 20Paragraph 2(1) (exceptions) is amended as follows.

(2) In paragraph (c) for “or 10” substitute “, 10, 10A or 10B”.

(3) After the “or” at the end of paragraph (c) insert—

(ca) under section 95A or 98A of the Immigration and Asylum
Act 1999 (support for failed asylum-seekers etc), or”.

5 25After paragraph 3 insert—

3A Notwithstanding paragraph 3, paragraph 1(1)(g) prevents a local
authority in England from providing support or assistance under
section 17 of the Children Act 1989 to a person in respect of a child
if —

(a) 30the support or assistance is of a type that could be
provided to the person by virtue of paragraph 10A (see
paragraph 10A(9)), and

(b) support is being provided to the person by virtue of
paragraph 10A or there are reasonable grounds for
35believing that support will be provided to the person by
virtue of that paragraph.

3B Notwithstanding paragraph 3, paragraph 1(1)(g) prevents a local
authority in England from providing support or assistance under
section 23C, 23CA, 24A or 24B of the Children Act 1989 to a person
40if—

(a) support is being provided to the person by virtue of
paragraph 10B or section 95A of the Immigration and
Asylum Act 1999, or

(b) there are reasonable grounds for believing that support
45will be provided to the person by virtue of that paragraph
or section.

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3C Notwithstanding paragraph 3, paragraph 1(1)(ga) prevents a local
authority in England from providing support or assistance under
a provision mentioned in paragraph (ga) to a person if—

(a) support is being provided to the person by virtue of
5paragraph 10B or section 95A of the Immigration and
Asylum Act 1999, or

(b) there are reasonable grounds for believing that support
will be provided to the person by virtue of that paragraph
or section.”

6 10In paragraph 6 (third class of ineligible person: failed asylum-seeker), in sub-
paragraph (1), in the words before sub-paragraph (a), after “person” insert
“in Wales, Scotland or Northern Ireland”.

7 In paragraph 7 (fourth class of ineligible person: person unlawfully in
United Kingdom), in the words before sub-paragraph (a), after “person”
15insert “in Wales, Scotland or Northern Ireland”.

8 Before paragraph 8 insert—

“Sixth class of ineligible person: person in England without leave to enter or remain

7B (1) Paragraph 1 applies to a person in England if—

(a) under the Immigration Act 1971, he requires leave to enter
20or remain in the United Kingdom but does not have it, and

(b) he is not an asylum-seeker.

(2) Paragraph 1 also applies to a dependant of a person to whom that
paragraph applies by virtue of sub-paragraph (1).”

9 After paragraph 10 insert—

25“Accommodation and subsistence etc: England

10A (1) The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a person
to whom paragraph 1 applies by virtue of paragraph 7B(1) and—

(a) who is destitute,

(b) 30who has with him a dependent child,

(c) who is not a relevant failed asylum seeker, and

(d) in relation to whom condition A, B, C or D is satisfied.

(2) A person is a “relevant failed asylum seeker” for the purposes of
sub-paragraph (1)(c) if the person is a failed asylum seeker within
35the meaning of Part 6 of the Immigration and Asylum Act 1999
and—

(a) the person is receiving support under section 95A of that
Act,

(b) the person has made an application for such support
40which has not been refused, or

(c) there are reasonable grounds for believing such support
would be provided to the person if an application by the
person for such support were made.

(3) Condition A is that—

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(a) the person has made an application for leave to enter or
remain in the United Kingdom and has not withdrawn the
application,

(b) where regulations under this paragraph require that the
5application must be of a kind specified in the regulations
for this condition to be satisfied, the application is of that
kind, and

(c) the application has not been determined.

(4) Condition B is that—

(a) 10the person has appealed under section 82(1),

(b) the appeal is not one that, by virtue of section 92(6), must
be continued from outside the United Kingdom, and

(c) the appeal is pending within the meaning of section 104.

(5) Condition C is that—

(a) 15the person’s appeal rights are exhausted, and

(b) he has not failed to cooperate with arrangements that
would enable him to leave the United Kingdom.

(6) Condition D is that a person specified in regulations under this
paragraph is satisfied that the provision of support is necessary to
20safeguard and promote the welfare of a dependent child.

(7) Regulations under this paragraph may specify—

(a) factors which a person specified by virtue of sub-
paragraph (6) may or must take into account in making a
determination under that sub-paragraph;

(b) 25factors which such a person must not take into account in
making such a determination.

(8) Arrangements for a person by virtue of this paragraph may
include arrangements for a dependant.

(9) The support that may be provided under arrangements by virtue
30of this paragraph may take the form of—

(a) accommodation;

(b) subsistence in kind, or cash or vouchers to pay for
subsistence.

(10) Subsections (3) to (8) of section 95 of the Immigration and Asylum
35Act 1999 (meaning of “destitute”) apply for the purposes of this
paragraph as they apply for the purposes of that section.

(11) For the purposes of sub-paragraph (3) regulations under this
paragraph may provide for circumstances in which—

(a) a person is to be treated as having made an application for
40leave to enter or remain in the United Kingdom (despite
not having made one);

(b) a person is to be treated as not having made such an
application where the Secretary of State is satisfied that the
application made is vexatious or wholly without merit.

(12) 45For the purposes of sub-paragraph (5) a person’s appeal rights are
exhausted at the time when—

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(a) he could not bring an appeal under section 82 (ignoring
any possibility of an appeal out of time with permission),
and

(b) no appeal brought by him is pending within the meaning
5of section 104.

10B (1) The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a person
to whom paragraph 1 applies by virtue of paragraph 7B(1) and—

(a) who is a former relevant child within the meaning of
10section 23C of the Children Act 1989,

(b) who is not a relevant failed asylum seeker, and

(c) in relation to whom condition A, B or C is satisfied.

(2) A person is a “relevant failed asylum seeker” for the purposes of
sub-paragraph (1)(b) if the person is a failed asylum seeker within
15the meaning of Part 6 of the Immigration and Asylum Act 1999
and—

(a) the person is receiving support under section 95A of that
Act,

(b) the person has made an application for such support
20which has not been refused, or

(c) there are reasonable grounds for believing such support
would be provided to the person if an application by the
person for such support were made.

(3) Condition A is that—

(a) 25the person is destitute,

(b) the person has made an application for leave to enter or
remain in the United Kingdom and has not withdrawn the
application,

(c) where regulations under this paragraph require that the
30application must be of a kind specified in the regulations
for this condition to be satisfied, the application is of that
kind, and

(d) the application has not been determined.

(4) Condition B is that—

(a) 35the person is destitute,

(b) the person has appealed under section 82(1),

(c) the appeal is not one that, by virtue of section 92(6), must
be continued from outside the United Kingdom, and

(d) the appeal is pending within the meaning of section 104.

(5) 40Condition C is that—

(a) the person’s appeal rights are exhausted, and

(b) a person specified in regulations under this paragraph is
satisfied that support needs to be provided to the person.

(6) Regulations under this paragraph may specify—

(a) 45factors which a person specified by virtue of paragraph (b)
of sub-paragraph (5) may or must take into account in
making a determination under that paragraph;

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(b) factors which such a person must not take into account in
making such a determination.

(7) The support that may be provided under arrangements by virtue
of this paragraph may, in particular, take the form of—

(a) 5accommodation;

(b) subsistence in kind, or cash or vouchers to pay for
subsistence.

(8) Subsections (3) to (8) of section 95 of the Immigration and Asylum
Act 1999 (meaning of “destitute”) apply for the purposes of this
10paragraph as they apply for the purposes of that section.

(9) For the purposes of sub-paragraph (3) regulations under this
paragraph may provide for circumstances in which—

(a) a person is to be treated as having made an application for
leave to enter or remain in the United Kingdom (despite
15not having made one);

(b) a person is to be treated as not having made such an
application where the Secretary of State is satisfied that the
application made is vexatious or wholly without merit.

(10) For the purposes of sub-paragraph (5) a person’s appeal rights are
20exhausted at the time when—

(a) he could not bring an appeal under section 82 (ignoring
any possibility of an appeal out of time with permission),
and

(b) no appeal brought by him is pending within the meaning
25of section 104.”

10 In paragraph 11 (assistance and accommodation: general), in the words
before sub-paragraph (a), for “or 10” substitute “, 10, 10A or 10B”.

11 In paragraph 13 (offences), in sub-paragraphs (1)(b) and (2)(a), for “or 10”
substitute “, 10, 10A or 10B”.

12 30In paragraph 14 (information), in sub-paragraphs (1) and (2), for “or 7” (as
substituted by paragraph 25(8)(b) of Schedule 8) substitute “, 7 or 7B”.

13 (1) Paragraph 15 (power to amend Schedule 3) is amended as follows.

(2) After paragraph (a) insert—

(aa) to modify any of the classes of person to whom paragraph
351 applies;”.

(3) In paragraph (c) after “remove” insert “, or modify the application of,”.

(4) After paragraph (c) insert—

(d) to enable regulations to be made providing for
arrangements to be made for support to be provided to a
40class of person to whom paragraph 1 applies;

(e) to apply paragraph 1A in relation to Wales;

(f) to make provision which has a similar effect to paragraph
1A and which applies in relation to Scotland or Northern
Ireland.”