Immigration Bill (HL Bill 96)

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
for the purposes of sub-paragraph (6) as they apply for the
5purposes 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.”

42 In Schedule 3 to the National Health Service (Consequential Provisions) Act
2006, omit paragraph 9.

43 10In 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
being read as references to the local authority in question.”

44 15In 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
in section 95(5) and (7) and that paragraph to the Secretary of State
20being read as references to the local authority in question.”

Part 2 Transitional and saving provision

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

(a) any person for whom accommodation is being provided under
25section 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
application has not been determined or withdrawn before that day,

(c) 30any 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
withdrawn before that day, and

(d) 35any 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
under section 4 of the Immigration and Asylum Act 1999) apply in relation
40to 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
of the Immigration and Asylum Act 1999 has effect in relation to persons
45within 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).

46 (1) The 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
5the 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) any person who has made an application before that day for support
to be provided under section 95 of that Act and whose application
10has 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
not to continue to provide support for the person under that section,
and whose appeal has not been determined or withdrawn before that
15day, 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
under 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
20into 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) 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).

47 25Schedule 3 to the Nationality, Immigration and Asylum Act 2002
(withholding and withdrawal of support) has effect as if—

(a) after paragraph 7C there were inserted—

““Eighth class of ineligible person: transitional cases

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

(a) 30the person is a transitionally-supported person (see
sub-paragraph (3)),

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

(i) to leave the United Kingdom voluntarily, or

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

(c) 40the person has received a copy of the Secretary of
State’s certificate, and

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

(2) 45Paragraph 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) accommodation 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
5paragraph 44 of Schedule 10 to the Immigration
Act 2016, or

(b) support 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
10effect by virtue of paragraph 45 of that Schedule.

(4) For the purpose of sub-paragraph (1)(d), if the Secretary of
State 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
15which it was posted.

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

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

Section 63

20SCHEDULE 11 Availability of local authority support

1 Schedule 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) 25In sub-paragraph (1) (excluded support or assistance) after paragraph (g)
insert—

“(ga) in relation only to a person in England to whom this
paragraph applies by virtue of paragraph 4, 5 or 7B—

(i) section 23CZA of that Act (arrangements for
30certain former relevant children to continue to live
with former foster parents), or

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

(3) After sub-paragraph (2) insert—

“(2A) 35In the case of the provisions referred to in sub-paragraph (1)(ga),
sub-paragraph (2) applies only in relation to a person in England
to whom this paragraph applies by virtue of paragraph 4, 5 or 7B.”

3 After paragraph 1 insert—

“1A (1) A person to whom this paragraph applies is not eligible for
40assistance under section 23C(4)(b), 23CA(4) or 24B(2)(b) of the
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
in 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
5person’s tuition fees.

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

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

(b) 10is an asylum-seeker, or

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

(4) In this paragraph “tuition fees” means fees payable for a course of
15a description mentioned in Schedule 6 to the Education Reform
Act 1988.”

4 (1) Paragraph 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) 20under section 95A or 98A of the Immigration and Asylum
Act 1999 (support for failed asylum-seekers etc), or”.

5 After paragraph 2 insert—

“2A (1) Paragraph 1(1)(g) or (ga) does not prevent the provision of
support or assistance under a relevant provision to a person to
25whom paragraph 1 would otherwise apply by virtue of paragraph
7B if—

(a) conditions A and B are satisfied in relation to that person,
and

(b) condition C, D or E is satisfied in relation to that person.

(2) 30In sub-paragraph (1) “relevant provision” means—

(a) section 23C, 23CZA or 23CA of the Children Act 1989,

(b) regulations under section 23D of that Act, or

(c) section 24A or 24B of that Act.

(3) Condition A is that—

(a) 35the person has made an application for leave to enter or
remain in the United Kingdom, and

(b) where regulations made by the Secretary of State require
that the application must be of a kind specified in the
regulations for this condition to be satisfied, the
40application is of that kind.

(4) Condition B is that—

(a) the application is the first application for leave to enter or
remain in the United Kingdom that the person has made,
or

(b) 45where regulations under sub-paragraph (3)(b) require that
the application must be of a kind specified in the

regulations for condition A to be satisfied, the application
is the first application of that kind that the person has
made.

(5) Condition C is that the application has not been determined or
5withdrawn.

(6) Condition D is that—

(a) the application has been refused,

(b) the person could bring an appeal under section 82(1)
against the refusal (ignoring any possibility of an appeal
10out of time with permission), and

(c) if the person brought such an appeal, it would not be one
that, by virtue of section 92(6), would have to be continued
from outside the United Kingdom.

(7) Condition E is that—

(a) 15the application has been refused,

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

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

(d) 20the appeal is pending within the meaning of section 104.

(8) For the purposes of sub-paragraph (3) the Secretary of State may
by regulations 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
25not having made one), or

(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.”

6 After paragraph 3 insert—

“3A 30Notwithstanding 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) the support or assistance is of a type that could be
35provided 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
believing that support will be provided to the person by
40virtue 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
if—

(a) 45support 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
will be provided to the person by virtue of that paragraph
or section.

3C Notwithstanding paragraph 3, paragraph 1(1)(ga) prevents a local
5authority 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
paragraph 10B or section 95A of the Immigration and
Asylum Act 1999, or

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

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

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

9 Before paragraph 8 insert—

20““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
or remain in the United Kingdom but does not have it, and

(b) he is not an asylum-seeker.

(2) 25Paragraph 1 also applies to a dependant of a person to whom that
paragraph applies by virtue of sub-paragraph (1).

Seventh class of ineligible person: primary carer without leave to enter or remain

7C (1) Paragraph 1 applies to a person in England (“P”) if—

(a) P is the primary carer of a British citizen (“the relevant
30British citizen”),

(b) the relevant British citizen is residing in the United
Kingdom,

(c) the relevant British citizen would be unable to reside in the
United Kingdom or in another EEA State if P were
35required to leave the United Kingdom,

(d) if circumstances were not as mentioned in paragraphs (a)
to (c), under the Immigration Act 1971 P would require
leave to enter or remain in the United Kingdom but would
not have such leave, and

(e) 40P is not an asylum-seeker.

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

(3) In making for the purposes of this Schedule or regulations made
under it a determination as to whether sub-paragraph (1)(c)
45applies in relation to P, a person may rely on—

(a) a document of a kind specified in regulations made by the
Secretary of State, or

(b) information or guidance provided by the Secretary of State
for the purposes of such a determination.”

10 5After paragraph 10 insert—

““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) or
107C(1) and—

(a) who is destitute,

(b) who 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, D or E is satisfied.

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

(a) the person is receiving support under section 95A of that
20Act,

(b) the person has made an application for such support
which 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
25person for such support were made.

(3) Condition A is that—

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

(b) 30where regulations under this paragraph require that the
application 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) 35Condition B is that—

(a) the person could bring an appeal under section 82(1)
(ignoring any possibility of an appeal out of time with
permission), and

(b) if the person brought such an appeal, it would not be one
40that, by virtue of section 92(6), would have to be continued
from outside the United Kingdom.

(5) Condition C is that—

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

(b) the appeal is not one that, by virtue of section 92(6), must
45be continued from outside the United Kingdom, and

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

(6) Condition D is that—

(a) the 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.

(7) 5Condition E is that a person specified in regulations under this
paragraph is satisfied that the provision of support is necessary to
safeguard and promote the welfare of a dependent child.

(8) Regulations under this paragraph may specify—

(a) factors which a person specified by virtue of sub-
10paragraph (7) may or must take into account in making a
determination under that sub-paragraph;

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

(9) The Secretary of State may make regulations providing for
15arrangements to be made for support to be provided to a person
(“P”)—

(a) to whom paragraph 1 applies by virtue of paragraph 7B(1)
or 7C(1), and

(b) who it appears to a person specified in the regulations may
20be destitute,

until a person by whom support may be provided under
arrangements by virtue of sub-paragraph (1) is able to determine
whether such support should be provided to P.

(10) Arrangements for a person by virtue of this paragraph may
25include arrangements for a dependant.

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

(a) accommodation;

(b) subsistence in kind, or cash or vouchers to pay for
30subsistence.

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

(13) For the purposes of sub-paragraph (3) regulations under this
35paragraph 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
not having made one);

(b) a person is to be treated as not having made such an
40application where the Secretary of State is satisfied that the
application made is vexatious or wholly without merit.

(14) For the purposes of sub-paragraph (6) a person’s appeal rights are
exhausted at the time when—

(a) he could not bring an appeal under section 82 (ignoring
45any possibility of an appeal out of time with permission),
and

(b) no appeal brought by him is pending within the meaning
of 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 would otherwise be eligible for support or assistance
5under section 23C, 23CZA or 23CA of the Children Act
1989, under regulations under section 23D of that Act or
under section 24A or 24B of that Act, and

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

(2) Condition A is that—

(a) 10the 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
15application 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.

(3) Condition B is that—

(a) 20the person is destitute,

(b) the person could bring an appeal under section 82(1)
(ignoring any possibility of an appeal out of time with
permission), and

(c) if the person brought an appeal under section 82(1), it
25would not be one that, by virtue of section 92(6), would
have to be continued from outside the United Kingdom.

(4) Condition C is that—

(a) the person is destitute,

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

(c) 30the 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) Condition D is that—

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

(b) 35a 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) factors which a person specified by virtue of paragraph (b)
of sub-paragraph (5) may or must take into account in
40making a determination under that paragraph;

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

(7) The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a person
45(“P”)—

(a) to whom paragraph 1 applies by virtue of paragraph 7B(1),
and

(b) who it appears to a person specified in the regulations may
be destitute,

until a person by whom support may be provided under
arrangements by virtue of sub-paragraph (1) is able to determine
5whether such support should be provided to P.

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

(a) accommodation;

(b) subsistence in kind, or cash or vouchers to pay for
10subsistence.

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

(10) For the purposes of sub-paragraph (3) regulations under this
15paragraph 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
not having made one);

(b) a person is to be treated as not having made such an
20application where the Secretary of State is satisfied that the
application made is vexatious or wholly without merit.

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

(a) he could not bring an appeal under section 82 (ignoring
25any possibility of an appeal out of time with permission),
and

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

11 In paragraph 11 (assistance and accommodation: general), in the words
30before sub-paragraph (a), for “or 10” substitute “, 10, 10A or 10B”.

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

13 In paragraph 14 (information), in sub-paragraphs (1) and (2), for “or 7” (as
substituted by paragraph 25(8)(b) of Schedule 10) substitute “, 7, 7B or 7C”.

14 (1) 35Paragraph 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
1 applies;”.

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

(4) 40After paragraph (c) insert—

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

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