Immigration and Asylum Bill

Immigration and Asylum Bill - continued	House of Commons
PART VI, SUPPORT FOR ASYLUM-SEEKERS - continued
Provision of support - continued

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Supplemental.	76. - (1) When exercising his power under section 74 to provide accommodation, the Secretary of State must have regard to-
	(a) the fact that the accommodation is to be temporary pending determination of the asylum-seeker's claim;
	(b) the desirability, in general, of providing accommodation in areas in which there is a ready supply of accommodation; and
	(c) such other matters (if any) as may be prescribed.
	(2) But he may not have regard to-
	(a) any preference that the supported person or his dependants (if any) may have as to the locality in which the accommodation is to be provided; or
	(b) such other matters (if any) as may be prescribed.
	(3) The Secretary of State may by order amend subsection (1) or (2) in such way as he considers appropriate.
	(4) When exercising his power under section 74 to provide essential living needs, the Secretary of State-
	(a) must have regard to such matters as may be prescribed for the purposes of this paragraph; but
	(b) may not have regard to such other matters as may be prescribed for the purposes of this paragraph.
	(5) In addition, when exercising his power under section 74 to provide essential living needs, the Secretary of State may limit the overall amount of the expenditure which he incurs in connection with a particular supported person-
	(a) to such portion of the income support applicable amount provided under section 124 of the Social Security Contributions and Benefits Act 1992, or
	(b) to such portion of any components of that amount,
	as he considers appropriate having regard to the temporary nature of the support that he is providing.
	(6) For the purposes of subsection (5), any support of a kind falling within section 75(1)(c) is to be treated as if it were the provision of essential living needs.
	(7) In determining how to provide, or arrange for the provision of, support under section 74, the Secretary of State may disregard any preference which the supported person or his dependants (if any) may have as to the way in which the support is to be given.
Duration of support.	77. - (1) Subsection (2) applies to a person provided with accommodation and essential living needs under section 74.
	(2) On ceasing to reside in the accommodation, he ceases to be a person for whom support may be given under section 74 in respect of essential living needs.
	(3) Subsection (4) applies to a person provided with essential living needs under section 74, but not with accommodation.
	(4) On ceasing to reside at his notified address, he ceases to be a person for whom support may be given under section 74 in respect of essential living needs.
	(5) If the supported person resumes residing in the accommodation or at the address in question-
	(a) subsection (2) or (4) does not apply while he continues to reside there; and
	(b) essential living needs may again be provided for him and his dependants (if any) (but not in respect of any period while that subsection applied).
	(6) The Secretary of State may by regulations provide that subsection (2) or (4) is not to apply if a person ceases to reside in the accommodation or at the address in question in prescribed circumstances.
	(7) "Notified address" means an address which the supported person has notified to the Secretary of State in accordance with regulations made under section 78.
Secretary of State's scheme.	78. - (1) The Secretary of State may by regulations make such further provision with respect to the powers conferred on him by section 74 as he considers appropriate.
	(2) The regulations may, in particular, make provision-
	(a) as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support in accordance with prescribed levels or of a prescribed kind;
	(b) as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support otherwise than in accordance with the prescribed levels.
	(3) The regulations may also make provision requiring the Secretary of State, except in such circumstances (if any) as may be prescribed, to take into account, when deciding-
	(a) whether to provide support under section 74, or
	(b) the level or kind of support to be provided,
	support (or assets) which is (or are), or might reasonably be expected to be, otherwise available to the person concerned or to his dependants (if any).
	(4) The regulations may also make provision with respect to procedural requirements including, in particular, provision as to-
	(a) the procedure to be followed in making an application for support;
	(b) the information which must be provided by the applicant;
	(c) the circumstances in which an application may not be entertained;
	(d) the making of further enquiries by the Secretary of State;
	(e) the circumstances in which, and person by whom, a change of circumstances of a prescribed description must be notified to the Secretary of State.
Temporary provision of support.	79. - (1) The Secretary of State may provide, or arrange for the provision of, support for-
	(a) asylum-seekers, or
	(b) dependants of asylum-seekers,
	who it appears to the Secretary of State may be destitute.
	(2) Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 74.
	(3) Subsections (2) to (11) of section 74 apply for the purposes of this section as they apply for the purposes of that section.
	Support and assistance by local authorities etc.
Provision of support by local authorities.	80. - (1) A local authority may provide support for supported persons and their dependants (if any) in accordance with arrangements made by the Secretary of State under section 74.
	(2) Such support may be provided by the local authority-
	(a) in one or more of the ways mentioned in section 75(1) and (2);
	(b) whether the arrangements in question are made with the authority or with another person.

Prepared 9 February 1999