Immigration Bill (HL Bill 96)

Section 62

SCHEDULE 10 Support for certain categories of migrant

Part 1 Amendments of the Immigration Acts

5Abolition of power to support certain categories of migrant

1 Section 4 of the Immigration and Asylum Act 1999 (provision of
accommodation for failed asylum-seekers, etc) is repealed.

2 In consequence of the repeal made by paragraph 1—

(a) in section 26A of the Immigration Act 1971, omit subsection (1)(b)(ii);

(b) 10in the following provisions, omit “section 4 or”—

(i) section 3A(7A) of the Protection from Eviction Act 1977;

(ii) paragraph 3A(1) of Schedule 2 to the Housing (Northern
Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15));

(iii) section 23A(5A) of the Rent (Scotland) Act 1984;

(iv) 15paragraph 4A(1) of Schedule 1 to the Housing Act 1985;

(v) paragraph 11B of Schedule 4 to the Housing (Scotland) Act
1988;

(vi) paragraph 12A(1) of Schedule 1 to the Housing Act 1988;

(c) in section 99 of the Immigration and Asylum Act 1999, in subsections
20(1) and (4), omit “4,”;

(d) in section 103 of that Act—

(i) omit subsection (2A), and

(ii) in subsections (6) and (7), for “section 4 or 95” substitute
“section 95”;

(e) 25in section 118(1)(b) of that Act, omit “4,”;

(f) in section 166(5) of that Act, omit paragraph (za);

(g) in the Nationality, Immigration and Asylum Act 2002—

(i) in section 23, omit subsection (5),

(ii) in section 26, in subsection (3), omit “4,”,

(iii) 30omit section 49,

(iv) in section 51, in subsection (2), omit paragraph (b), and

(v) in section 55, in subsection (2)(a), omit “4,”;

(h) in the Asylum and Immigration (Treatment of Claimants, etc.) Act
2004, omit section 10;

(i) 35in the Immigration, Asylum and Nationality Act 2006, omit section
43(1)(b), (2), (5), (6) and (7);

(j) in the UK Borders Act 2007—

(i) in section 17, in subsection (1)(a), omit “(and section 4)”, and

(ii) in section 40, in subsection (1), omit paragraph (e);

(k) 40in section 134 of the Criminal Justice and Immigration Act 2008, omit
subsection (5);

(l) in Schedule 1 to the Legal Aid, Sentencing and Punishment of
Offenders Act 2012, in paragraph 31(1)(a), omit “4 or” and “persons
temporarily admitted and”;

(m) in paragraph 8 of Schedule 3 to the Immigration Act 2014, omit
paragraph (a).

Power to support people making further submissions in relation to protection claims

3 (1) Section 94 of the Immigration and Asylum Act 1999 (interpretation of Part 6)
5is amended as follows.

(2) In subsection (1)—

(a) for the definition of “asylum-seeker” substitute—

• “““asylum-seeker” means a person falling within
  subsection (2A) or (2B) (but see also subsection
  10(3C));”;

(b) omit the definition of “claim for asylum”;

(c) before the definition of “housing accommodation” insert—

• “““further qualifying submissions” has the meaning
  given by subsection (2C);”;

(d) 15after the definition of “Northern Ireland authority” insert—

• “““protection claim” has the meaning given by section
  82(2) of the Nationality, Immigration and Asylum Act
  2002;”.

(3) After subsection (2) insert—

“(2A) 20A person is an asylum-seeker for the purposes of this Part 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) has been recorded by the Secretary of State, but

(ii) 25has not been determined.

(2B) A person is also an asylum-seeker for the purposes of this Part if—

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

(b) the person has made further qualifying submissions (see
subsection (2C)), and

(c) 30the person’s submissions—

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

(ii) have not been determined before the end of such
period as may be prescribed.

(2C) A person makes “further qualifying submissions” if—

(a) 35the person makes submissions to the Secretary of State that
the person’s removal from the United Kingdom would
breach any of the obligations mentioned in section 82(2)(a)(i)
or (ii) of the Nationality, Immigration and Asylum Act 2002
(protection claims), and

(b) 40the submissions fall to be considered by the Secretary of State
under paragraph 353 of the immigration rules.”

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

(5) After subsection (3) insert—

“(3A) For the purposes of this Part, further qualifying submissions made
45by a person are determined—

(a) at the end of a prescribed period beginning with the relevant
day (see subsection (3B)), or

(b) in a case where no period is prescribed for the purposes of
paragraph (a), at the end of the relevant day.

(3B) 5In subsection (3A) “the relevant day” means the day on which the
Secretary of State notifies the person that the submissions made by
the person are to be—

(a) accepted,

(b) rejected without being treated as a fresh protection claim, or

(c) 10treated as a fresh protection claim.

(3C) If—

(a) further qualifying submissions made by a person are rejected
without being treated as a fresh protection claim, and

(b) the person is granted permission to apply for judicial review
15of that rejection,

the person is to be treated as an asylum-seeker for the purposes of
this Part during the review period (see subsection (3D)).

(3D) In subsection (3C) “the review period” means the period—

(a) beginning with the day on which permission to apply for
20judicial review is granted, and

(b) ending with—

(i) a prescribed period beginning with the day on which
the judicial review is disposed of, or

(ii) in a case where no period is prescribed for the
25purposes of sub-paragraph (i), that day.”

(6) In subsection (8), after “subsection (3)” insert “or (3B)”.

4 In consequence of the repeal made by paragraph 3(2)(b)—

(a) in section 96 of the Immigration and Asylum Act 1999 (ways in
which support may be provided), in subsection (1)(c), for “claim for
30asylum” substitute “protection claim”;

(b) in section 141 of that Act (fingerprinting)—

(i) in subsections (7)(e), (8)(e) and (9)(e), for “claim for asylum”
substitute “protection claim”, and

(ii) in subsection (15), for ““Claim for asylum”” substitute
35““Protection claim””;

(c) in section 167 of that Act (interpretation), in subsection (1), in the
definition of “claim for asylum”, for “Parts V and VI and section 141”
substitute “Part 5”;

(d) in Schedule 8 to that Act (provision of support: regulations), in
40paragraph 9(2)(b), for “claim for asylum” substitute “protection
claim”;

(e) in section 135 of the Criminal Justice and Immigration Act 2008
(support: supplemental), in subsection (5), for “claim for asylum”
substitute “protection claim”.

45Power to support failed asylum-seekers

5 Part 6 of the Immigration and Asylum Act 1999 (support for asylum-seekers)
is amended as follows.

6 The heading of the Part becomes “Support for asylum-seekers, etc”.

7 (1) Section 94 (interpretation of Part 6) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “dependant”, after “asylum-seeker” insert “, a
5failed asylum-seeker”;

(b) after the definition of “the Executive” insert—

• “““failed asylum-seeker” has the meaning given by
  subsection (2D);”;

(c) for the definition of “supported person” substitute—

• 10“““supported person” means—

  (a)

  in relation to support under section 95, an
  asylum-seeker, or a dependant of an asylum-
  seeker, who has applied for support and for
  whom support is provided under that section,
  15and

  (b)

  in relation to support under section 95A, a
  failed asylum-seeker, or a dependant of a
  failed asylum-seeker, who has applied for
  support and for whom support is provided
  20under that section.”

(3) In subsection (2), after “section 95” insert “or 95A”.

(4) After subsection (2C) (inserted by paragraph 3(3) above) insert—

“(2D) A person is a failed asylum-seeker for the purposes of this Part if—

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

(b) 25the person—

(i) was an asylum-seeker, or

(ii) would have been an asylum-seeker at any time if the
person had been at least 18 years old at that time,

(c) the person’s protection claim has been rejected, and

(d) 30the person is not an asylum-seeker.”

(5) Omit subsections (5) and (6).

8 In section 95 (persons for whom support may be provided), the heading
becomes “Support for asylum-seekers, etc”.

9 After section 95 insert—

“95A 35Support for failed asylum-seekers, etc who are unable to leave UK

(1) The Secretary of State may provide, or arrange for the provision of,
support for a person, for such period or periods as may be
prescribed, if—

(a) the person is a failed asylum-seeker, or a dependant of a
40failed asylum-seeker,

(b) an application for support under this section is made in
respect of the person which meets such requirements as may
be prescribed,

(c) it appears to the Secretary of State that the person is destitute,
45or is likely to become destitute within such period as may be
prescribed, and

(d) the person faces a genuine obstacle to leaving the United
Kingdom.

(2) Subsections (3) to (8) of section 95 (meaning of “destitute”) apply for
the purposes of this section as they apply for the purposes of that
5section.

(3) Regulations made by the Secretary of State may make provision for
determining what is, or is not, to be regarded as a genuine obstacle
to leaving the United Kingdom for the purposes of this section.

(4) The Secretary of State may make regulations prescribing other
10criteria to be used in determining—

(a) whether or not to provide support, or arrange for the
provision of support, for a person under this section;

(b) whether or not to continue to provide support, or arrange for
the provision of support, for a person under this section.

(5) 15Regulations under subsection (4) may, in particular—

(a) provide for the provision of support (or the continuation of
the provision of support) to be subject to conditions;

(b) provide for the provision of support (or the continuation of
the provision of support) to be a matter for the Secretary of
20State’s discretion to a prescribed extent or in cases of a
prescribed description.

(6) A condition imposed by regulations under subsection (5)(a) may, in
particular, relate to any of the following—

(a) any matter relating to the use of the support provided;

(b) 25compliance with a condition imposed under Schedule 9 to
the Immigration Act 2016 (immigration bail);

(c) the person’s performance of, or participation in, community
activities in accordance with arrangements made by the
Secretary of State.

(7) 30A copy of any conditions imposed by regulations under subsection
(5)(a) must be given to the supported person.

(8) For the purposes of subsection (6)(c)—

(a) “community activities” means activities that appear to the
Secretary of State to be beneficial to the public or a section of
35the public, and

(b) the Secretary of State may, in particular—

(i) appoint one person to supervise or manage the
performance of, or participation in, activities by
another person;

(ii) 40enter into a contract (with a local authority or any
other person) for the provision of services by way of
making arrangements for community activities in
accordance with this section;

(iii) pay, or arrange for the payment of, allowances to a
45person performing or participating in community
activities in accordance with arrangements under this
section.

(9) Regulations by virtue of subsection (6)(c) may, in particular, provide
for a condition requiring the performance of, or participation in,
community activities to apply to a person only if—

(a) accommodation is to be, or is being, provided for the person
5under this section, and

(b) the Secretary of State has made arrangements for community
activities in an area that includes the place where the
accommodation is to be, or is being, provided.

(10) A local authority or other person may undertake to manage or
10participate in arrangements for community activities in accordance
with this section.

(11) The powers conferred by Schedule 8 (supplementary regulation-
making powers) are exercisable with respect to the powers conferred
by this section as they are exercisable with respect to the powers
15conferred by section 95, but with the modification in subsection (12).

(12) Paragraph 9 of Schedule 8 (notice to quit) has effect with respect to
the powers conferred by this section as if sub-paragraph (2)(b) were
omitted.”

10 (1) Section 96 (ways in which support may be provided) is amended as follows.

(2) 20In subsection (1)—

(a) after “section 95” insert “or 95A”;

(b) in paragraph (c), for “the asylum-seeker” substitute “an asylum-
seeker”;

(c) in paragraph (d)—

(i) 25for “the asylum-seeker” substitute “an asylum-seeker”, and

(ii) after “dependants” insert “, or a failed asylum-seeker and his
dependants,”;

(d) in paragraph (e)—

(i) for “the asylum-seeker” substitute “an asylum-seeker”, and

(ii) 30after “dependants” insert “, or a failed asylum-seeker and his
dependants,”.

(3) After subsection (1) insert—

“(1A) Support under section 95A may, in particular, be provided in the
form of vouchers which may be exchanged for goods or services (as
35well as in the form of cash).”

(4) In subsection (2), after “section 95” insert “or 95A”.

11 (1) Section 97 (supplemental) is amended as follows.

(2) In subsection (1)—

(a) after “section 95” insert “or 95A”;

(b) 40after “regard to” insert “the following”;

(c) in paragraph (a), at the beginning insert “in the case of the provision
of accommodation under section 95,”.

(3) In subsections (4), (5) and (7), after “section 95” insert “or 95A”.

(4) After subsection (7) insert—

“(8) A tenancy is not a Scottish secure tenancy (within the meaning of the
Housing (Scotland) Act 2001 (asp 10)2001 (asp 10)) if it is granted in order to
provide accommodation under section 95A.

(9) 5A tenancy which would be a Scottish secure tenancy but for
subsection (8) becomes a Scottish secure tenancy if the landlord
notifies the tenant that it is to be regarded as such.”

12 In section 98, the heading becomes “Temporary support for asylum-
seekers, etc”.

13 10After section 98 insert—

“98A Temporary support for failed asylum-seekers, etc

(1) The Secretary of State may provide, or arrange for the provision of,
support for persons within subsection (2) who it appears to the
Secretary of State—

(a) 15may be destitute, and

(b) may face a genuine obstacle to leaving the United Kingdom.

(2) The persons referred to in subsection (1) are—

(a) failed asylum-seekers, and

(b) dependants of failed asylum-seekers.

(3) 20Support may be provided under this section only until the Secretary
of State is able to determine whether support may be provided under
section 95A.

(4) Subsections (3) to (12) of section 95A apply for the purposes of this
section as they apply for the purposes of that section.”

14 (1) 25Section 99 (provision of support by local authorities) is amended as follows.

(2) In subsection (1), for “or 98” substitute “95A, 98 or 98A”.

(3) In subsection (3)—

(a) after “section 95” insert “or 95A”;

(b) for “section 96(1) and (2)” substitute “section 96(1) to (2)”.

(4) 30In subsection (4), for “or 98” substitute “95A, 98 or 98A”.

15 In section 100 (local authority and other assistance for Secretary of State), in
subsection (1), after “section 95” insert “or 95A”.

16 In section 101 (reception zones), in subsection (3), after “section 95” (in both
places where it occurs) insert “or 95A”.

17 35In section 112 (recovery of expenditure on support: misrepresentation etc),
in subsections (1)(b) and (3), for “section 95 or 98” substitute “section 95, 95A,
98 or 98A”.

18 In section 113 (recovery of expenditure on support from sponsor), in
subsections (1)(b), (4) and (5)(a), after “section 95” insert “or 95A”.

19 (1) 40Section 114 (overpayments) is amended as follows.

(2) In subsection (1), for “section 95 or 98” substitute “section 95, 95A, 98 or
98A”.

(3) In subsection (4), for “section 95” substitute “section 95, 95A or 98A”.

20 In section 118 (housing authority accommodation), in subsection (1)(b), for
5“or 98” substitute “95A, 98 or 98A”.

21 (1) Section 122 (support for children) is amended as follows.

(2) In subsection (1), after “section 95” insert “or 95A”.

(3) In subsection (2), after “section 95” insert “or (as the case may be) 95A”.

(4) In subsections (3) and (4), after “section 95” insert “or 95A”.

(5) 10In subsection (5)—

(a) in paragraph (b)(i), after “section 95” insert “or 95A”, and

(b) in paragraph (b)(ii), after “section 95” insert “or (as the case may be)
95A”.

22 (1) Section 125 (entry of premises) is amended as follows.

(2) 15In subsection (1), for “section 95 or 98” substitute “section 95, 95A, 98 or
98A”.

(3) In subsection (2)—

(a) in paragraph (b), at the beginning insert “in the case of
accommodation provided under section 95 or 98,”;

(b) 20after that paragraph insert—

“(ba) in the case of accommodation provided under section
95A or 98A, the accommodation is being used for any
purpose other than the accommodation of the failed
asylum-seeker or any dependant of his,”.

23 25In section 127 (requirement to supply information about redirection of post),
in subsection (1)(c), after “asylum-seekers” insert “or failed asylum-seekers”.

24 In section 26A of the Immigration Act 1971 (registration card), in subsection
(1)(b), after sub-paragraph (i) insert—

“(“ia) a claim for support under section 95A of the
30Immigration and Asylum Act 1999 (whether or not
made by that person).”

25 (1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 18 (definition of asylum-seeker for purposes of Part 2), omit
subsection (2).

(3) 35In section 26 (withdrawal of support), in subsection (3)—

(a) for “95 or 98” substitute “95, 95A, 98 or 98A”;

(b) omit “(asylum-seeker)”.

(4) In section 35—

(a) in subsection (2), for “section 95 or 98” substitute “section 95, 95A, 98
40or 98A”;

(b) in 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
of the Immigration and Asylum Act 1999”.

(6) 5In 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) In section 55 (late claim for asylum: refusal of support), in subsection (2),
10after 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) omit paragraph 7A;

(b) 15in 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) in subsection (3)(a) and (b), omit “other than paragraph 7A”.

27 20In 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
information), in subsection (1)(f), for “asylum-seekers and their dependants”
25substitute “persons”.

29 In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy
agreements), in paragraph 8 (accommodation provided by virtue of
immigration provisions)—

(a) in paragraph (b) after “95” insert “or 95A”, and

(b) 30in paragraph (c) after “98” insert “or 98A”.

Accommodation centres: definition of “asylum-seeker” etc

30 (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) For subsection (1) substitute—

“(1) 35For 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) has been recorded by the Secretary of State, but

(ii) 40has 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
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).”

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

(2) 5In subsection (1)(b)(i), for “claim for asylum” substitute “protection claim”.

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

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

33 In section 16 (establishment of accommodation centres), in subsection (3)(b),
10for “claims for asylum” substitute “protection claims”.

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

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

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

(2) 15In 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) The heading of the section becomes “Late protection claim: refusal of
support”.

37 20In 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”.

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

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

(3) 25In subsection (5), for ““claim for asylum”” substitute ““protection claim””.

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

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

Repeal of uncommenced provisions

40 30The following provisions of the Nationality, Immigration and Asylum Act
2002, which contain amendments that have never been brought into force,
are repealed—

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

(b) 35sections 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
Act).

41 In Schedule 15 to the National Health Service (Wales) Act 2006, in paragraph