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| Homelessness: Scotland and Northern Ireland. |
105. - (1) A person subject to immigration control-
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(a) is not eligible for accommodation or assistance under the homelessness provisions, and |
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(b) is to be disregarded in determining for the purposes of those provisions, whether another person- |
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(i) is homeless or is threatened with homelessness, or
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(ii) has a priority need for accommodation,
unless he is of a class specified in an order made by the Secretary of State. |
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(2) An order under subsection (1) may not be made so as to include in a specified class any person to whom section 101 applies.
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(3) "The homelessness provisions" means-
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(a) in relation to Scotland, Part II of the Housing (Scotland) Act 1987; and |
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(b) in relation to Northern Ireland, Part II of the Housing (Northern Ireland) Order 1988. |
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(4) "Person subject to immigration control" has the same meaning as in section 104.
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| Other restrictions on assistance: Scotland. |
106. - (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 101(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 80 of the Immigration and Asylum Act 1999 apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) to the Secretary of State substitute references to a local authority."
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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) Arrangements may not be made under subsection (1) above in respect of any person to whom section 101 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies."
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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) Arrangements may not be made under subsection (1) above in respect of any person to whom section 101 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies."
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(4) In section 7 of the Mental Health (Scotland) Act 1984 (functions of local authorities), after subsection (2) insert-
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"(3) Arrangements may not be made under subsection (1) above in respect of any person to whom section 101 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies."
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(5) In section 8 of that Act (provision of after-care services), after subsection (3) insert-
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"(4) After care services may not be provided under subsection (1) above in respect of any person to whom section 101 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies."
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(6) In the Asylum and Immigration Appeals Act 1993, omit sections 4 and 5 and Schedule 1 (provisions relating to housing of asylum-seekers).
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| Other restrictions on assistance: Northern Ireland. |
107. - (1) In Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1972 (prevention of illness, care and after-care), after paragraph (2) insert-
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"(3) Arrangements may not be made under paragraph (1) in respect of any person to whom section 101 of the Immigration and Asylum Act 1999 applies."
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(2) In Article 15 of that Order (general social welfare), after paragraph (5) insert-
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"(6) Assistance may not be provided under paragraph (1) in respect of any person to whom section 101 of the Immigration and Asylum Act 1999 applies 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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(7) Subsections (3) and (5) to (8) of section 80 of the Immigration and Asylum Act 1999 apply for the purposes of paragraph (6) as they apply for the purposes of that section, but for references to the Secretary of State in subsections (5) and (7) substitute references to the Department."
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(3) In the Asylum and Immigration Appeals Act 1993, omit sections 4 and 5 and Schedule 1 (provisions relating to housing of asylum-seekers).
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| The Children Acts. |
108. - (1) In section 17 of the Children Act 1989 (provision of services for children in need, their families and others), after subsection (9), insert-
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"(9A) A local authority may not provide accommodation or other assistance under subsection (1) to persons whose need for such accommodation or assistance-
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(a) arises only because of- |
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(i) their being destitute; or
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(ii) physical effects, or anticipated physical effects, of their being destitute; and
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(b) may be met by the provision of support under section 80 of the Immigration and Asylum Act 1999." |
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(2) In section 22 of the Children (Scotland) Act 1995 (promotion of welfare of children in need), after subsection (4) insert-
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"(5) A local authority may not provide accommodation or other assistance under subsection (1) above to persons whose need for such accommodation or assistance-
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(a) arises only because of- |
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(i) their being destitute; or
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(ii) physical effects, or anticipated physical effects, of their being destitute; and
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(b) may be met by the provision of support under section 80 of the Immigration and Asylum Act 1999." |
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| Back-dating of benefits where person recorded as refugee. |
109. - (1) This section applies if-
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(a) a person is recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention; and |
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(b) before the refugee was so recorded, he or his dependant was a person to whom section 101 applied. |
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(2) The Secretary of State may by regulations provide that a person mentioned in subsection (1)(b) may, within a prescribed period, claim the whole, or any prescribed proportion, of any benefit to which he would have been entitled had the refugee been so recorded when he made his claim for asylum.
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(3) Subsections (5) and (6) apply if the refugee has resided in the areas of two or more local authorities and he or his dependant makes a claim under the regulations in relation to housing benefit.
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(4) Subsections (5) and (6) also apply if the refugee has resided in the areas of two or more local authorities in Great Britain and he or his dependant makes a claim under the regulations in relation to council tax benefit.
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(5) The claim must be investigated and determined, and any benefit awarded must be paid or allowed, by such one of those authorities as may be prescribed by the regulations ("the prescribed authority").
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(6) The regulations may make provision requiring a local authority who are not the prescribed authority to supply that authority with such information as they may reasonably require in connection with the exercise of their functions under the regulations.
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(7) The regulations may make provision in relation to a person who has received support under this Part or who is a dependant of such a person-
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(a) for the determination, or for criteria for the calculation, of the value of that support; and |
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(b) for the sum which he would be entitled to claim under the regulations to be reduced by the whole, or any prescribed proportion, of that valuation. |
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(8) The reductions permitted by subsection (7) must not exceed the amount of the valuation.
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(9) "Regulations" means-
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(a) in relation to jobseeker's allowance under the Jobseekers Act 1995, regulations under that Act or the Social Security Administration Act 1992; |
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(b) in relation to jobseeker's allowance under the Jobseekers (Northern Ireland) Order 1995, regulations under that Order or the Social Security Administration (Northern Ireland) Act 1992; |
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(c) in relation to a benefit under the Social Security Contributions and Benefits Act 1992, regulations under that Act or the Social Security Administration Act 1992; |
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(d) in relation to a benefit under the Social Security Contributions and Benefits (Northern Ireland) Act 1992, regulations under that Act or the Social Security Administration (Northern Ireland) Act 1992. |
