Immigration and Asylum Bill

Immigration and Asylum Bill - continued	House of Lords
PART VI, SUPPORT FOR ASYLUM-SEEKERS - continued

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Offences

False representations.

96. - (1) A person is guilty of an offence if, with a view to obtaining support under section 85 for himself or any other person, he-

(a) makes a statement or representation which he knows is false in a material particular;

(b) produces or gives to a person exercising functions under this Part, or knowingly causes or allows to be produced or given to such a person, any document or information which he knows is false in a material particular;

(c) fails, without reasonable excuse, to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or

(d) without reasonable excuse, knowingly causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or to both.

Dishonest representations.

97. - (1) A person is guilty of an offence if, with a view to obtaining any benefit or other payment or advantage under this Part for himself or any other person, he dishonestly-

(a) makes a statement or representation which is false in a material particular;

(b) produces or gives to a person exercising functions under this Part, or causes or allows to be produced or given to such a person, any document or information which is false in a material particular;

(c) fails to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or

(d) causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part.

(2) A person guilty of an offence under this section is liable-

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

(3) In the application of this section to Scotland, in subsection (1) for "dishonestly" substitute "knowingly".

Delay or obstruction.

98. - (1) A person is guilty of an offence if, without reasonable excuse, he-

(a) intentionally delays or obstructs a person exercising functions conferred by or under this Part; or

(b) refuses or neglects to answer a question, give any information or produce a document when required to do so in accordance with any provision made by or under this Part.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Failure of sponsor to maintain.

99. - (1) A person is guilty of an offence if, during any period in respect of which he has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person-

(a) he persistently refuses or neglects to maintain that person in accordance with the undertaking; and

(b) in consequence of his refusal or neglect, support under section 85 is provided for or in respect of that person.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale, or to both.

(3) For the purposes of this section, a person is not to be taken to have refused or neglected to maintain another person by reason only of anything done or omitted in furtherance of a trade dispute.

Supplemental.

100. - (1) If an offence under section 96, 97, 98 or 99 committed by a body corporate is proved-

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) "Officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity.

(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(4) If an offence under section 96, 97, 98 or 99 committed by a partnership in Scotland is proved-

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) "Partner" includes a person purporting to act as a partner.

Expenditure

Payments to local authorities.

101. - (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-

(a) persons who are, or have been, asylum-seekers; and

(b) their dependants.

(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.

(3) The Secretary of State must pay to an authority to which a direction under section 92(4) is given such sums as he considers represent the reasonable costs to that authority of complying with the direction.

(4) Payments under subsection (1) or (2) may be made on such terms, and subject to such conditions, as the Secretary of State may determine.

Grants to voluntary organisations.

102. - (1) The Secretary of State may make grants of such amounts as he thinks appropriate to voluntary organisations in connection with-

(a) the provision by them of support (of whatever nature) to persons who are, or have been, asylum-seekers and to their dependants; and

(b) connected matters.

(2) Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.

Recovery of expenditure on support: misrepresentation etc.

103. - (1) This section applies if, on an application made by the Secretary of State, the court determines that-

(a) a person ("A") has misrepresented or failed to disclose a material fact (whether fraudulently or otherwise); and

(b) as a consequence of the misrepresentation or failure, support has been provided under section 85 or 89 (whether or not to A).

(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.

(3) If the support was provided by another person ("B") in accordance with arrangements made with the Secretary of State under section 85 or 89, 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.

(4) "Court" means a county court or, in Scotland, the sheriff.

Recovery of expenditure on support from sponsor.

104. - (1) This section applies if-

(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

(b) during any period in relation to which the undertaking applies, support under section 85 is provided to or in respect of that other person.

(2) The Secretary of State may make a complaint against the sponsor to a magistrates' court for an order under this section.

(3) The court-

(a) must have regard to all the circumstances (and in particular to the sponsor's income); and

(b) may order him to pay to the Secretary of State such sum (weekly or otherwise) as it considers appropriate.

(4) But such a sum is not to include any amount attributable otherwise than to support provided under section 85.

(5) In determining-

(a) whether to order any payments to be made in respect of support provided under section 85 for any period before the complaint was made, or

(b) the amount of any such payments,

the court must disregard any amount by which the sponsor's current income exceeds his income during that period.

(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.

(7) In the application of this section to Scotland-

(a) omit subsection (6);

(b) for references to a complaint substitute references to an application; and

(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-

"(6) An order under this section is an order to which Article 98(11) of the Magistrates' Courts (Northern Ireland) Order 1981 applies."

Overpayments.

105. - (1) Subsection (2) applies if, as a result of an error on the part of the Secretary of State, support has been provided to a person under section 85.

(2) The Secretary of State may recover from a person who is, or has been, a supported person an amount representing the monetary value of support provided to him.

(3) An amount recoverable under subsection (2) may be recovered as if it were a debt due to the Secretary of State.

(4) The Secretary of State may by regulations make provision for other methods of recovery, including deductions from support provided under section 85.

Prepared 18 June 1999