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Expenditure |
| Payments to local authorities. |
106. - (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) The Secretary of State must pay to a body to which a direction under section 97(3) is given such sums as he considers represent the reasonable costs to that body of complying with the direction.
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(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.
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| Grants to voluntary organisations. |
107. - (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 persons who are, or have been, asylum-seekers and to 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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| Recovery of expenditure on support: misrepresentation etc. |
108. - (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 90 or 94 (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 90 or 94, 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. |
109. - (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 90 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 90.
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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 90 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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| Overpayments. |
110. - (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 90.
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(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 as a result of the error.
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(3) An amount recoverable under subsection (2) may be recovered as if it were a debt due to the Secretary of State.
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(4) The Secretary of State may by regulations make provision for other methods of recovery, including deductions from support provided under section 90.
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