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Immigration and Asylum Bill - continued        House of Lords
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  PART VI
  SUPPORT FOR ASYLUM-SEEKERS
 
Interpretation
Interpretation of Part VI.     84. - (1) In this Part-
 
 
    "adjudicator" has the meaning given in section 93(2);
 
    "asylum-seeker" means a person who is over 18 and has made a claim for asylum which has been recorded by the Secretary of State but which has not been determined;
 
    "claim for asylum" means a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention, or under Article 3 of the Human Rights Convention, for the claimant to be removed from, or required to leave, the United Kingdom;
 
    "dependant", in relation to an asylum-seeker, means a person in the United Kingdom who-
 
      (a) is the asylum-seeker's spouse;
 
      (b) is a child of the asylum-seeker, or of his spouse, who is under 18 and dependent on him; or
 
      (c) falls within such additional category, if any, as may be prescribed;
 
    "the Executive" means the Northern Ireland Housing Executive;
 
    "housing accommodation" includes flats, lodging houses and hostels;
 
    "local authority" means-
 
      (a) in England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
 
      (b) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
 
    "supported person" means-
 
      (a) an asylum-seeker, or
 
      (b) a dependant of an asylum-seeker,
 
    who has applied for support and to whom support is given under section 85.
      (2) References in this Part to support provided under section 85 include references to support which is provided under arrangements made by the Secretary of State under that section.
 
      (3) For the purposes of this Part, a claim for asylum is determined at the end of such period beginning-
 
 
    (a) on the day on which the Secretary of State notifies the claimant of his decision on the claim, or
 
    (b) if the claimant has appealed against the Secretary of State's decision, on the day on which the appeal is disposed of,
  as may be prescribed.
 
      (4) An appeal is disposed of when it is no longer pending for the purposes of Part IV.
 
      (5) If an asylum-seeker's household includes a child of his, or of his spouse, who is under 18 and dependent on him, he is to be treated (for the purposes of this Part) as continuing to be an asylum-seeker while he and the child remain in the United Kingdom.
 
      (6) Subsection (5) does not apply if, on or after the determination of his claim for asylum, the asylum-seeker is granted leave to enter or remain in the United Kingdom (whether or not as a result of that claim).
 
      (7) For the purposes of this Part, the Secretary of State may inquire into, and decide, the age of any person.
 
      (8) A notice under subsection (3) must be given in writing.
 
      (9) If such a notice is sent by the Secretary of State by first class post, addressed-
 
 
    (a) to the asylum-seeker's representative, or
 
    (b) to the asylum-seeker's last known address,
  it is to be taken to have been received by the asylum-seeker on the second day after the day on which it was posted.
 
 
Provision of support
Persons for whom support may be provided.     85. - (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 appear to the Secretary of State to be destitute or to be likely to become destitute within such period as may be prescribed.
 
      (2) In prescribed circumstances, a person who would otherwise fall within subsection (1) is excluded.
 
      (3) For the purposes of this section, a person is destitute if-
 
 
    (a) he does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met); or
 
    (b) he has adequate accommodation or the means of obtaining it, but cannot meet his other essential living needs.
      (4) If a person has dependants, subsection (3) is to be read as if the references to him were references to him and his dependants taken together.
 
      (5) In determining, for the purposes of this section, whether a person's accommodation is adequate, the Secretary of State-
 
 
    (a) must have regard to such matters as may be prescribed; but
 
    (b) may not have regard to any prescribed matter or to any of the matters mentioned in subsection (6).
      (6) Those matters are-
 
 
    (a) the fact that the person concerned has no enforceable right to occupy the accommodation;
 
    (b) the fact that he shares the accommodation, or any part of the accommodation, with one or more other persons;
 
    (c) the fact that the accommodation is temporary;
 
    (d) the location of the accommodation.
      (7) In determining, for the purposes of this section, whether a person's other essential living needs are met, 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 matters as may be prescribed for the purposes of this paragraph.
      (8) The Secretary of State may by regulations provide that items or expenses of such a description as may be prescribed are, or are not, to be treated as being an essential living need of a person for the purposes of this Part.
 
      (9) Support may be provided subject to conditions.
 
      (10) The conditions must be set out in writing.
 
      (11) A copy of the conditions must be given to the supported person.
 
      (12) Schedule 8 makes temporary provision for support in the period before the coming into force of this section.
 
Ways in which support may be provided.     86. - (1) Support may be provided under section 85-
 
 
    (a) by providing accommodation appearing to the Secretary of State to be adequate for the needs of the supported person and his dependants (if any);
 
    (b) by providing what appear to the Secretary of State to be essential living needs of the supported person and his dependants (if any); or
 
    (c) to enable the supported person (if he is the asylum-seeker) to meet what appear to the Secretary of State to be expenses (other than legal expenses or other expenses of a prescribed description) incurred in connection with his claim for asylum.
      (2) If the Secretary of State considers that the circumstances of a particular case are exceptional, he may provide support under section 85 in such other ways as he considers necessary to enable the supported person and his dependants (if any) to be supported.
 
      (3) Unless the circumstances of a particular case are exceptional, support provided by the Secretary of State under subsection (1)(a) or (b) or (2) must not be wholly or mainly by way of payments made (by whatever means) to the supported person or to his dependants (if any).
 
      (4) But the Secretary of State may by order provide for subsection (3) not to apply-
 
 
    (a) in all cases, for such period as may be specified;
 
    (b) in such circumstances as may be specified;
 
    (c) in relation to specified categories of person; or
 
    (d) in relation to persons whose accommodation is in a specified locality.
      (5) The Secretary of State may by order repeal subsection (3).
 
      (6) "Specified" means specified in an order made under subsection (4).
 
Supplemental.     87. - (1) When exercising his power under section 85 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 85 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 85 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 86(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 85, 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.
 
Secretary of State's scheme.     88. - (1) The Secretary of State may by regulations make such further provision with respect to the powers conferred on him by section 85 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 85, 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 for the Secretary of State to take into account, when deciding-
 
 
    (a) whether to provide, or to continue to provide, support under section 85, or
 
    (b) the level or kind of support to be provided,
  the extent to which any condition on which support is being, or has previously been, provided has been complied with.
 
      (5) The regulations may also make provision for the suspension or discontinuation of support under section 85 in prescribed circumstances (including circumstances in which the Secretary of State would otherwise be under a duty to provide support).
 
      (6) The circumstances which may be prescribed under subsection (5) include the cessation of residence-
 
 
    (a) in accommodation provided under section 85; or
 
    (b) at an address notified to the Secretary of State in accordance with the regulations.
      (7) 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.
      (8) The regulations may also make provision for prescribed items or services to be provided or made available to persons receiving support under section 85 for such purposes and in such circumstances as may be prescribed.
 
Temporary support.     89. - (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 85.
 
      (3) Subsections (2) to (11) of section 85 apply for the purposes of this section as they apply for the purposes of that section.
 
 
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