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| Support for children. |
113. - (1) In this section "eligible person" means a person who appears to the Secretary of State to be a person for whom support may be provided under section 85.
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(2) Subsections (3) and (4) apply if an application for support under section 85 has been made by an eligible person whose household includes a dependant under the age of 18 ("the child").
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(3) If it appears to the Secretary of State that adequate accommodation is not being provided for the child, he must exercise his powers under section 85 by offering, and if his offer is accepted by providing or arranging for the provision of, adequate accommodation for the child as part of the eligible person's household.
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(4) If it appears to the Secretary of State that essential living needs of the child are not being met, he must exercise his powers under section 85 by offering, and if his offer is accepted by providing or arranging for the provision of, essential living needs for the child as part of the eligible person's household.
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(5) No local authority may provide assistance under section 17 of the Children Act 1989 (local authority support for children and their families) in respect of a dependant under the age of 18, or any member of his family, at any time when-
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(a) the Secretary of State is complying with this section in relation to him; or |
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(b) there are reasonable grounds for believing that- |
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(i) the person concerned is a person for whom support may be provided under section 85; and
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(ii) the Secretary of State would be required to comply with this section if that person had made an application under section 85.
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(6) "Assistance" means the provision of accommodation or of any essential living needs.
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(7) Subsection (8) applies if accommodation provided in the discharge of the duty imposed by subsection (3) has been withdrawn.
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(8) Only the relevant authority may provide assistance under section 17 of the Act of 1989 in respect of the child concerned.
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(9) "Relevant authority" means the local authority within whose area the withdrawn accommodation was provided.
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(10) In such circumstances as may be prescribed, subsection (5) does not apply.
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| Back-dating of benefits where person recorded as refugee. |
114. - (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 106 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. |
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Miscellaneous |
| Secretary of State to be corporation sole for purposes of Part VI. |
115. - (1) For the purpose of exercising his functions under this Part, the Secretary of State is a corporation sole.
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(2) Any instrument in connection with the acquisition, management or disposal of real or personal property by the Secretary of State under this Part may be executed on his behalf by a person authorised by him for that purpose.
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(3) Any instrument purporting to have been so executed on behalf of the Secretary of State is to be treated, until the contrary is proved, to have been so executed on his behalf.
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| Entry of premises. |
116. - (1) This section applies in relation to premises in which accommodation has been provided under section 85 or 89 for a supported person.
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(2) If, on an application made by a person authorised in writing by the Secretary of State, a justice of the peace is satisfied that there is reason to believe that-
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(a) the supported person or any dependants of his for whom the accommodation is provided is not resident in it, |
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(b) the accommodation is being used for any purpose other than the accommodation of the asylum-seeker or any dependant of his, or |
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(c) any person other than the supported person and his dependants (if any) is residing in the accommodation, |
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he may grant a warrant to enter the premises to the person making the application.
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(3) A warrant granted under subsection (2) may be executed-
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(a) at any reasonable time; |
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(b) using reasonable force. |
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(4) In the application of subsection (2) to Scotland, read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace.
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| Information from property owners. |
117. - (1) The power conferred by this section is to be exercised with a view to obtaining information about premises in which accommodation is or has been provided for supported persons.
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(2) The Secretary of State may require any person appearing to him-
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(a) to have any interest in, or |
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(b) to be involved in any way in the management or control of, |
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such premises, or any building which includes such premises, to provide him with such information with respect to the premises and the persons occupying them as he may specify.
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(3) A person who is required to provide information under this section must do so in accordance with such requirements as may be prescribed.
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(4) Information provided to the Secretary of State under this section may be used by him only in the exercise of his functions under this Part.
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| Requirement to supply information about redirection of post. |
118. - (1) The Secretary of State may require any person conveying postal packets to supply redirection information to the Secretary of State-
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(a) for use in the prevention, detection, investigation or prosecution of criminal offences under this Part; |
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(b) for use in checking the accuracy of information relating to support provided under this Part; or |
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(c) for any other purpose relating to the provision of support to asylum-seekers. |
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(2) The information must be supplied in such manner and form, and in accordance with such requirements, as may be prescribed.
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(3) The Secretary of State must make payments of such amount as he considers reasonable in respect of the supply of information under this section.
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(4) "Postal packet" has the same meaning as in the Post Office Act 1953.
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(5) "Redirection information" means information relating to arrangements made with any person conveying postal packets for the delivery of postal packets to addresses other than those indicated by senders on the packets.
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