Immigration and Asylum Bill

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

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Exclusions

Exclusion from benefits.

111. - (1) No person is entitled to income-based jobseeker's allowance under the Jobseekers Act 1995 or to-

(a) attendance allowance,

(b) severe disablement allowance,

(d) disability living allowance,

(e) income support,

(f) working families' tax credit,

(g) disabled person's tax credit,

(h) a social fund payment,

(i) child benefit,

(j) housing benefit, or

(k) council tax benefit,

under the Social Security Contributions and Benefits Act 1992 while he is a person subject to immigration control.

(2) No person in Northern Ireland is entitled to-

(a) income-based jobseeker's allowance under the Jobseekers (Northern Ireland) Order 1995, or

(b) any of the benefits mentioned in paragraphs (a) to (j) of subsection (1),

under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 while he is a person subject to immigration control.

(3) This section applies to a person subject to immigration control unless he falls within such category or description, or satisfies such conditions, as may be prescribed.

(4) "A person subject to immigration control" means a person who is not a national of an EEA State and who-

(a) requires leave to enter or remain in the United Kingdom but does not have it;

(b) has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds;

(d) has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.

(5) "Maintenance undertaking", in relation to any person, means a written undertaking given by another person in pursuance of the immigration rules to be responsible for that person's maintenance and accommodation.

Amendment of section 21 of the National Assistance Act 1948.

112. In section 21 of the National Assistance Act 1948 (duty of local authorities to provide accommodation), after subsection (1), insert-

	"(1A) A person to whom section 111 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies may not be provided with residential accommodation under subsection (1)(a) if his need for care and attention has arisen solely-
	(a) because he is destitute; or
	(b) because of the physical effects, or anticipated physical effects, of his being destitute.
	(1B) Subsections (3) and (5) to (8) of section 90 of the Immigration and Asylum Act 1999 apply for the purposes of subsection (1A) 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."

Other restrictions on assistance: England and Wales.

113. - (1) In section 45 of the Health Services and Public Health Act 1968 (promotion by local authorities of the welfare of old people), after subsection (4), insert-

"(4A) No arrangements under this section may be made in respect of persons to whom section 111 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies."

(2) In paragraph 2 of Schedule 8 to the National Health Service Act 1977 (arrangements by local authorities for the prevention of illness), after sub-paragraph (2), insert-

"(2A) No arrangements under this paragraph may be made in respect of persons to whom section 111 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies."

(3) In section 161 of the Housing Act 1996 (allocation of housing accommodation only to qualifying persons), after subsection (2), insert-

"(2A) Regulations may not be made under subsection (2) so as to include in a prescribed class any person to whom section 111 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies."

(4) In section 185 of the 1996 Act (persons from abroad not eligible for housing assistance), after subsection (2), insert-

"(2A) Regulations may not be made under subsection (2) so as to include in a prescribed class any person to whom section 111 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies."

(5) In the 1996 Act, omit section 186 (asylum-seekers and their dependants).

(6) In section 187(1) of the 1996 Act (provision of information by Secretary of State), in paragraph (a), for "or has become an asylum-seeker, or a dependant of an asylum-seeker" substitute "a person to whom section 111 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies".

Housing authority accommodation.

114. - (1) Each housing authority must secure that, so far as practicable, a tenancy of, or licence to occupy, housing accommodation provided under the accommodation provisions is not granted to a person subject to immigration control unless-

(a) he is of a class specified in an order made by the Secretary of State; or

(b) the tenancy of, or licence to occupy, such accommodation is granted in accordance with arrangements made under section 90.

(2) "Housing authority" means-

(a) in relation to England and Wales, a local housing authority within the meaning of the Housing Act 1985;

(b) in relation to Scotland, a local authority within the meaning of the Housing (Scotland) Act 1987; and

(3) "Accommodation provisions" means-

(a) in relation to England and Wales, Part II of the Housing Act 1985;

(b) in relation to Scotland, Part I of the Housing (Scotland) Act 1987;

(4) "Licence to occupy", in relation to Scotland, means a permission or right to occupy.

(5) "Tenancy", in relation to England and Wales, has the same meaning as in the Housing Act 1985.

(6) "Person subject to immigration control" means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

(7) This section does not apply in relation to any allocation of housing to which Part VI of the Housing Act 1996 (allocation of housing accommodation) applies.

Homelessness: Scotland and Northern Ireland.

115. - (1) A person subject to immigration control-

(a) is not eligible for accommodation or assistance under the homelessness provisions, and

(b) is to be disregarded in determining for the purposes of those provisions, whether another person-

(i) is homeless or is threatened with homelessness, or

(ii) has a priority need for accommodation,

unless he is of a class specified in an order made by the Secretary of State.

(2) An order under subsection (1) may not be made so as to include in a specified class any person to whom section 111 applies.

(3) "The homelessness provisions" means-

(a) in relation to Scotland, Part II of the Housing (Scotland) Act 1987; and

(b) in relation to Northern Ireland, Part II of the Housing (Northern Ireland) Order 1988.

(4) "Person subject to immigration control" has the same meaning as in section 114.

Other restrictions on assistance: Scotland.

116. - (1) In section 12 of the Social Work (Scotland) Act 1968 (general social welfare services of local authorities), after subsection (2) insert-

	"(2A) A person to whom section 111 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies 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-
	(a) because he is destitute; or
	(b) because of the physical effects, or anticipated physical effects, of his being destitute.
	(2B) Subsections (3) and (5) to (8) of section 90 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."

(2) In section 13A of that Act (provision of residential accommodation with nursing), after subsection (3) insert-

"(4) Arrangements may not be made under subsection (1) above in respect of any person to whom section 111 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies."

(3) In section 13B of that Act (provision of care and after-care), after subsection (2) insert-

"(3) Arrangements may not be made under subsection (1) above in respect of any person to whom section 111 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies."

(4) In section 7 of the Mental Health (Scotland) Act 1984 (functions of local authorities), after subsection (2) insert-

"(3) Arrangements may not be made under subsection (1) above in respect of any person to whom section 111 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies."

(5) In section 8 of that Act (provision of after-care services), after subsection (3) insert-

"(4) After care services may not be provided under subsection (1) above in respect of any person to whom section 111 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies."

(6) In the Asylum and Immigration Appeals Act 1993, omit sections 4 and 5 and Schedule 1 (provisions relating to housing of asylum-seekers).

Prepared 30 July 1999