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Expenditure |
| Payments to local authorities. |
91. - (1) The Secretary of State may from time to time pay to any local authority such sums as he considers appropriate in respect of expenditure incurred, or to be incurred, by the authority in connection with-
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(a) persons who are, or have been, asylum-seekers; and |
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(2) The Secretary of State may make payments to any local authority towards the discharge of any liability of supported persons or their dependants in respect of council tax payable to that authority.
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(3) Payments may be made on such terms, and subject to such conditions, as the Secretary of State may determine.
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| Grants to voluntary organisations. |
92. - (1) The Secretary of State may make grants of such amounts as he thinks appropriate to voluntary organisations in connection with-
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(a) the provision by them of support (of whatever nature) to asylum-seekers and their dependants; and |
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(2) Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.
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(3) "Voluntary organisations" means bodies (other than public or local authorities) whose activities are not carried on for profit.
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| Recovery of expenditure on support: misrepresentation etc. |
93. - (1) This section applies if, on an application made by the Secretary of State, the court determines that-
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(a) a person ("A") has misrepresented or failed to disclose a material fact (whether fraudulently or otherwise); and |
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(b) as a consequence of the misrepresentation or failure, support has been provided under section 74 (whether or not to A). |
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(2) If the support was provided by the Secretary of State, the court may order A to pay to the Secretary of State an amount representing the monetary value of the support which would not have been provided but for A's misrepresentation or failure.
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(3) If the support was provided by another person ("B") in accordance with arrangements made with the Secretary of State under section 74, the court may order A to pay to the Secretary of State an amount representing the payment to B which would not have been made but for A's misrepresentation or failure.
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(4) "Court" means a county court, or in Scotland the sheriff.
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| Recovery of expenditure on support from sponsor. |
94. - (1) This section applies if-
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(a) a person ("the sponsor") has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person; and |
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(b) during any period in relation to which the undertaking applies, support under section 74 is provided to or in respect of that other person. |
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(2) The Secretary of State may make a complaint against the sponsor to a magistrates' court for an order under this section.
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(3) The court-
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(a) must have regard to all the circumstances (and in particular to the sponsor's income); and |
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(b) may order him to pay to the Secretary of State such sum (weekly or otherwise) as it considers appropriate. |
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(4) But such a sum is not to include any amount attributable otherwise than to support provided under section 74.
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(5) In determining-
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(a) whether to order any payments to be made in respect of support provided under section 74 for any period before the complaint was made, or |
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(b) the amount of any such payments, |
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the court must disregard any amount by which the sponsor's current income exceeds his income during that period.
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(6) An order under this section is enforceable as a magistrates' court maintenance order within the meaning of section 150(1) of the Magistrates' Courts Act 1980.
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(7) In the application of this section to Scotland-
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(b) for references to a complaint substitute references to an application; and |
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(c) for references to a magistrates' court substitute references to the sheriff. |
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(8) In the application of this section to Northern Ireland, for references to a magistrates' court substitute references to a court of summary jurisdiction and for subsection (6) substitute-
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"(6) An order under this section is an order to which Article 98(11) of the Magistrates' Courts (Northern Ireland) Order 1981 applies."
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Exclusions |
| Exclusion from benefits. |
95. - (1) No person is entitled to income-based jobseeker's allowance under the Jobseekers Act 1995 or to-
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(a) attendance allowance, |
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(b) severe disablement allowance, |
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(c) invalid care allowance, |
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(d) disability living allowance, |
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(g) disability working allowance, |
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(h) a social fund payment, |
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under the Social Security Contributions and Benefits Act 1992, in respect of any period during which, or in any part of which, he is a person subject to immigration control.
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(2) No person in Northern Ireland is entitled to-
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(a) income-based jobseeker's allowance under the Jobseekers (Northern Ireland) Order 1995, or |
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(b) any of the benefits mentioned in paragraphs (a) to (j) of subsection (1), |
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under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in respect of any period during which, or in any part of which, he is a person subject to immigration control.
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(3) This section does not apply to a person who falls within such category or description, or satisfies such conditions, as may be prescribed.
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(4) "A person subject to immigration control" means a person who is not an EEA national and who-
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(a) requires leave to enter or remain in the United Kingdom but does not have it; |
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(b) has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds; |
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(c) has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking; or |
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(d) has leave to enter or remain in the United Kingdom only as a result of paragraph 1(1) of Schedule 4. |
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(5) "EEA national" means a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being.
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(6) "Leave" means leave under the 1971 Act.
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(7) "Maintenance undertaking", in relation to any person, means a written undertaking given by another person in pursuance of the immigration rules to be responsible for that person's maintenance and accommodation.
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| Amendment of section 21 of the National Assistance Act 1948. |
96. In section 21 of the National Assistance Act 1948 (duty of local authorities to provide accommodation), after subsection (1), insert-
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"(1A) A person subject to immigration control (as defined by section 95(4) of the Immigration and Asylum Act 1999) may not be provided with residential accommodation under subsection (1)(a) if his need for care and attention has arisen solely-
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(a) because he is destitute; or |
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(b) because of the physical effects, or anticipated physical effects, of his being destitute. |
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(1B) Subsections (3) and (5) to (8) of section 74 of the Immigration and Asylum Act 1999 apply for the purposes of subsection (1A) as they apply for the purposes of that section."
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| Other restrictions on assistance: England and Wales. |
97. - (1) In section 45 of the Health Services and Public Health Act 1968 (promotion by local authorities of the welfare of old people), after subsection (4), insert-
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"(4A) No arrangements under this section may be made in respect of persons subject to immigration control (as defined by subsection (4) of section 95 of the Immigration and Asylum Act 1999).
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(4B) Subsection (4A) does not apply to a person who falls within such category or description, or satisfies such conditions, as may be prescribed by regulations made under subsection (3) of that section."
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(2) In paragraph 2 of Schedule 8 to the National Health Service Act 1977 (arrangements by local authorities for the prevention of illness), after sub-paragraph (2), insert-
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"(2A) No arrangements under this paragraph may be made in respect of persons subject to immigration control (as defined by subsection (4) of section 95 of the Immigration and Asylum Act 1999).
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(2B) Sub-paragraph (2A) does not apply to a person who falls within such category or description, or satisfies such conditions, as may be prescribed by regulations made under subsection (3) of that section."
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(3) In section 161 of the Housing Act 1996 (allocation of housing accommodation only to qualifying persons), after subsection (2), insert-
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"(2A) A person subject to immigration control (as defined by subsection (4) of section 95 of the Immigration and Asylum Act 1999) may not be prescribed as qualified to be allocated housing accommodation by regulations made under subsection (2).
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(2B) Subsection (2A) does not apply to a person who falls within such category or description, or satisfies such conditions, as may be prescribed by regulations made under subsection (3) of that section."
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(4) In section 185 of the 1996 Act (persons from abroad not eligible for housing assistance), after subsection (2), insert-
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"(2A) A person subject to immigration control (as defined by subsection (4) of section 95 of the Immigration and Asylum Act 1999) may not be prescribed as a person eligible for housing assistance by regulations made under subsection (2).
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(2B) Subsection (2A) does not apply to a person who falls within such category or description, or satisfies such conditions, as may be prescribed by regulations made under subsection (3) of that section."
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(5) In the 1996 Act, omit section 186 (asylum-seekers and their dependants).
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(6) In section 187(1) of the 1996 Act (provision of information by Secretary of State), in paragraph (a), for "or has become an asylum-seeker, or a dependant of an asylum-seeker" substitute "a person subject to immigration control (as defined by section 95(4) of the Immigration and Asylum Act 1999)".
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| Other restrictions on assistance: Scotland. |
98. - (1) In section 12 of the Social Work (Scotland) Act 1968 (general social welfare services of local authorities), after subsection (2) insert-
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"(2A) A person subject to immigration control (as defined by section 95(4) of the Immigration and Asylum Act 1999) is not to receive assistance under subsection (1) of this section (whether by way of residential accommodation or otherwise) if his need for assistance has arisen solely-
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(a) because he is destitute; or |
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(b) because of the physical effects, or anticipated physical effects, of his being destitute. |
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(2B) Subsections (3) and (5) to (8) of section 74 of the Immigration and Asylum Act 1999 apply for the purposes of subsection (2A) as they apply for the purposes of that section."
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(2) In section 13A of that Act (provision of residential accommodation with nursing), after subsection (3) insert-
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"(4) No arrangements under subsection (1) above are to be made in respect of persons subject to immigration control (as defined by subsection (4) of section 95 of the Immigration and Asylum Act 1999).
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(4A) Subsection (4) does not apply to a person who falls within such category or description, or satisfies such conditions, as may be prescribed by regulations made under subsection (3) of that section."
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(3) In section 13B of that Act (provision of care and after-care), after subsection (2) insert-
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"(3) No arrangements under subsection (1) above are to be made in respect of persons subject to immigration control (as defined by subsection (4) of section 95 of the Immigration and Asylum Act 1999).
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(4) Subsection (3) does not apply to a person who falls within such category or description, or satisfies such conditions, as may be prescribed by regulations made under subsection (3) of that section."
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(4) The provisions of section 37 of the National Health Service (Scotland) Act 1978 (prevention of illness, care and after-care), are to become subsection (1) of that section and after that subsection insert-
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"(2) No arrangements under subsection (1) above are to be made in respect of persons subject to immigration control (as defined by subsection (4) of section 95 of the Immigration and Asylum Act 1999).
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(3) Subsection (2) does not apply to a person who falls within such category or description, or satisfies such conditions, as may be prescribed by regulations made under subsection (3) of that section."
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(5) In section 7 of the Mental Health (Scotland) Act 1984 (functions of local authorities), after subsection (2) insert-
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"(3) No arrangements under subsection (1) above are to be made in respect of persons subject to immigration control (as defined by subsection (4) of section 95 of the Immigration and Asylum Act 1999).
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(4) Subsection (3) does not apply to a person who falls within such category or description, or satisfies such conditions, as may be prescribed by regulations made under subsection (3) of that section."
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(6) In section 8 of that Act (provision of after-care services), after subsection (3) insert-
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"(4) No services are to be provided under subsection (1) of this section in respect of persons subject to immigration control (as defined by subsection (4) of section 95 of the Immigration and Asylum Act 1999).
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(5) Subsection (4) does not apply to a person who falls within such category or description, or satisfies such conditions, as may be prescribed by regulations made under subsection (3) of that section."
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