Immigration Bill (HL Bill 109)

(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
conferred by section 95, but with the modification in subsection (12).

(12) 5Paragraph 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) In subsection (1)—

(a) 10after “section 95” insert “or 95A”;

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

(c) in paragraph (d)—

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

(ii) 15after “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) after “dependants” insert “, or a failed asylum-seeker and his
20dependants,”.

(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
well as in the form of cash).”

(4) 25In 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) after “regard to” insert “the following”;

(c) 30in 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
35Housing (Scotland) Act 2001 (asp 10)2001 (asp 10)) if it is granted in order to
provide accommodation under section 95A.

(9) A 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 40In section 98, the heading becomes “Temporary support for asylum-
seekers, etc”.

13 After 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
5Secretary of State—

(a) may 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) 10dependants of failed asylum-seekers.

(3) Support 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
15section as they apply for the purposes of that section.”

14 (1) Section 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) 20for “section 96(1) and (2)” substitute “section 96(1) to (2)”.

(4) In 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
25places where it occurs) insert “or 95A”.

17 In 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
30subsections (1)(b), (4) and (5)(a), after “section 95” insert “or 95A”.

19 (1) Section 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 35In section 118 (housing authority accommodation), in subsection (1)(b), for
“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) 40In subsections (3) and (4), after “section 95” insert “or 95A”.

(5) In 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) 5Section 125 (entry of premises) is amended as follows.

(2) In 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
10accommodation provided under section 95 or 98,”;

(b) after 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
15asylum-seeker or any dependant of his,”.

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

24 (1) Section 166 (regulations and orders) is amended as follows.

(2) In subsection (5) (regulations subject to the affirmative procedure) for the
20“or” at the end of paragraph (c) substitute—

“(ca) section 95A, or”.

(3) After subsection (5) insert—

“(5A) No regulations under paragraph 1 of Schedule 8 which make
provision with respect to the powers conferred by section 95A are to
25be made unless a draft of the regulations has been laid before
Parliament and approved by a resolution of each House.

(5B) Subsection (5A) does not apply to regulations under paragraph 1 of
that Schedule which make provision of the kind mentioned in
paragraph 3(a) of that Schedule.”

(4) 30In subsection (6) (regulations subject to the negative procedure) for the “or”
at the end of paragraph (a) substitute—

“(aa) under the provision mentioned in subsection (5A) and
containing regulations to which that subsection applies, or”.

25 In section 26A of the Immigration Act 1971 (registration card), in subsection
35(1)(b), after sub-paragraph (i) insert—

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

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

(2) 40In section 18 (definition of asylum-seeker for purposes of Part 2), omit
subsection (2).

(3) In 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
or 98A”;

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

(5) 5In 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) 10In 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),
15after 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) 20in paragraph 14(1) and (2), for “, 7 or 7A” substitute “or 7”.

27 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”.

28 25In 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).

29 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”
30substitute “persons”.

30 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) 35in paragraph (c) after “98” insert “or 98A”.

Accommodation centres: definition of “asylum-seeker” etc

31 (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) 40For 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) 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
Immigration and Asylum Act 1999 by virtue of section 94(2B) or (3C)
5of that Act.”

(3) For subsection (3) substitute—

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

32 (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) 10In subsection (1)(b)(i), for “claim for asylum” substitute “protection claim”.

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

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

34 In section 16 (establishment of accommodation centres), in subsection (3)(b),
15for “claims for asylum” substitute “protection claims”.

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

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

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

(2) 20In 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”.

38 25In 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”.

39 (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) 30In subsection (5), for ““claim for asylum”” substitute ““protection claim””.

40 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

41 35The 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) 40sections 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).

42 In Schedule 15 to the National Health Service (Wales) Act 2006, in paragraph
52, 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
purposes of that section, but with references in section 95(5) and
10(7) and that paragraph to the Secretary of State being read as
references to a local social services authority.”

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

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

“(2) 15For 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.”

45 In section 46 of the Social Services and Well-being (Wales) Act 2014, for
20subsections (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.”

25Part 2 Transitional and saving provision

46 (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
section 4 of the Immigration and Asylum Act 1999 immediately
30before 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) any person who has appealed before that day against a decision not
35to 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) any dependant of a person within paragraph (a), (b) or (c).

40This 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
to any decision not to continue to provide accommodation under that
45section 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
within sub-paragraph (1) as if in subsection (11)(b) the word “not” were
omitted.

(4) 5In 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 (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
the Immigration and Asylum Act 1999 by virtue of section 94(5) of
10that 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
has not been determined or withdrawn before that day,

(c) 15any 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
day, and

(d) 20any 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
into force, section 103 of that Act (appeals) does not apply in relation to any
25decision 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).

48 Schedule 3 to the Nationality, Immigration and Asylum Act 2002
30(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) the person is a transitionally-supported person (see
35sub-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
steps—

(i) 40to 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) the person has received a copy of the Secretary of
45State’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) 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 11 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 7D treated as inserted by this Schedule.

Section 70

SCHEDULE 12 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 in England to whom this
paragraph applies by virtue of paragraph 4, 5 or 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) In that sub-paragraph, in paragraph (h) for “or 36” substitute “, 35A or 35B”.

(4) After sub-paragraph (2) insert—

“(2A) In the case of the provisions referred to in sub-paragraph (1)(ga),
40sub-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
assistance under section 23C(4)(b), 23CA(4) or 24B(2)(b) of the
Children Act 1989 (grants to meet expenses connected with
5education 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
10make 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
over and who—

(a) has leave to enter or remain in the United Kingdom which
15has 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
United Kingdom which has not been withdrawn or
determined.

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

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

(3) 25After 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 After paragraph 2 insert—

“2A (1) Paragraph 1(1)(g) or (ga) does not prevent the provision of
30support or assistance under a relevant provision to a person to
whom 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) 35condition C, D or E is satisfied in relation to that person.

(2) In 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) 40Condition A is that—

(a) the 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
45regulations for this condition to be satisfied, the
application 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) 5where 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) 10Condition C is that the application has not been determined or
withdrawn.

(6) Condition D is that—

(a) the application has been refused,

(b) the person could bring an appeal under section 82(1)
15against the refusal (ignoring any possibility of an appeal
out 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) 20Condition E is that—

(a) the 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
25be continued from outside the United Kingdom, and

(d) the 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
30leave to enter or remain in the United Kingdom (despite
not 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 35After 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) 40the support or assistance is of a type that could be
provided to the person by virtue of paragraph 10A (see
paragraph 10A(11)), and

(b) support is being provided to the person by virtue of
paragraph 10A or there are reasonable grounds for
45believing 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