House of Lords Amendments - Immigration and Asylum Bill

Immigration and Asylum Bill - Amendments to be debated in the House of Lords - continued	House of Lords
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	After Clause 89
	BY THE LORD BISHOP OF SOUTHWARK THE EARL RUSSELL THE LORD COPE OF BERKELEY
118	Insert the following new Clause--
	(". An asylum-seeker, and his dependants (if any), shall be eligible for any social security benefits to which they would have been entitled if neither Part VI of this Act or Schedule 1 to the Asylum and Immigration Act 1996 had been in force, until such time as the Secretary of State has placed a report in the Library of the House of Commons giving details of the average process times in the determination of-- (a) initial asylum decisions; and (b) appeals to adjudicators against initial asylum decisions, and certifying that the average time from the lodging of the application for asylum to the determination of an adjudicator of the appeal against the initial asylum decisions is less than six months.")	Eligibility for social security benefits.
	Clause 90
	BY THE LORD COPE OF BERKELEY THE LORD ACKNER
119*	Page 60, line 29, leave out subsection (2)
	BY THE LORD BASSAM OF BRIGHTON
120	Page 60, line 41, after ("prescribed") insert ("for the purposes of this paragraph")
	BY THE LORD GRAHAM OF EDMONTON
121*	Page 60, line 41, leave out from ("prescribed") to end of line 7 on page 61
	BY THE LORD BASSAM OF BRIGHTON
122	Page 60, line 42, leave out ("any prescribed matter") insert ("such matters as may be prescribed for the purposes of this paragraph")
123	Page 61, line 20, at end insert-- ("( ) Schedule (Provision of Support: Regulations) gives the Secretary of State power to make regulations supplementing this section.")
	Before Schedule 8
	BY THE LORD BASSAM OF BRIGHTON
124	Insert the following new Schedule--
	("SCHEDULE
	PROVISION OF SUPPORT: REGULATIONs
	General regulation-making power
	1. The Secretary of State may by regulations make such further provision with respect to the powers conferred on him by section 90 as he considers appropriate.
	Determining whether a person is destitute
	2.--(1) The regulations may provide, in connection with determining whether a person is destitute, for the Secretary of State to take into account, except in such circumstances (if any) as may be prescribed-- (a) income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and (b) support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his, otherwise than by way of support provided under section 90. (2) The regulations may provide that in such circumstances (if any) as may be prescribed, a person is not to be treated as destitute for the purposes of section 90.
	Prescribed levels of support
	3. The regulations may 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.
	Provision of items and services
	4. The regulations may make provision for prescribed items or services to be provided or made available to persons receiving support under section 90 for such purposes and in such circumstances as may be prescribed.
	Support and assets to be taken into account
	5. The regulations may make provision requiring the Secretary of State, except in such circumstances (if any) as may be prescribed, to take into account, when deciding the level or kind of support to be provided-- (a) income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and (b) support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his, otherwise than by way of support provided under section 90.
	Valuation of assets
	6. The regulations may make provision as to the valuation of assets.
	Breach of conditions
	7. The regulations may 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 90, 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.
	Suspension or discontinuation of support
	8.--(1) The regulations may make provision for the suspension or discontinuance of support under section 90 in prescribed circumstances (including circumstances in which the Secretary of State would otherwise be under a duty to provide support). (2) The circumstances which may be prescribed include the cessation of residence-- (a) in accommodation provided under section 90; or (b) at an address notified to the Secretary of State in accordance with the regulations.
	Notice to quit
	9.--(1) The regulations may provide that if-- (a) as a result of support provided under section 90, a person has a tenancy or a licence to occupy accommodation, (b) one or more of the conditions mentioned in sub-paragraph (2) are satisfied, and (c) he is given such notice to quit as may be prescribed by the regulations, his tenancy or licence is to be treated as ending with the period specified in that notice, regardless of when it could otherwise be brought to an end. (2) The conditions are that-- (a) the support provided under section 90 is suspended or discontinued as a result of any provision of a kind mentioned in paragraph 8; (b) the relevant claim for asylum has been determined; (c) the supported person has ceased to be destitute; (d) he is to be moved to other accommodation.
	Contributions to support
	10. The regulations may make provision requiring a supported person to make payments to the Secretary of State, in prescribed circumstances, by way of contributions to the cost of the provision of that support.
	Recovery of sums by Secretary of State
	11.--(1) The regulations may provide for the recovery by the Secretary of State of sums representing the whole or part of the monetary value of support provided to a person under section 90 where it appears to the Secretary of State-- (a) that that person had, at the time when he applied for support, assets of any kind in the United Kingdom or elsewhere which were not capable of being realised; but (b) that those assets have subsequently become, and remain, capable of being realised. (2) An amount recoverable under regulations made by virtue of sub-paragraph (1) may be recovered-- (a) as if it were a debt due to the Secretary of State; or (b) by such other method of recovery, including by deduction from support provided under section 90 as may be prescribed.
	Procedure
	12. The regulations may 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.")
	Schedule 8
	BY THE LORD BASSAM OF BRIGHTON
125	Page 132, line 13, after ("authorities") insert ("or local authorities falling within a prescribed description of authority")
126	Page 132, leave out line 14 and insert ("eligible persons. ( ) Eligible persons" means-- (a) asylum-seekers, or (b) their dependants, who appear to be destitute or to be likely to become destitute within such period as may be prescribed.")
127	Page 132, line 18, leave out ("destitute") and insert ("an eligible person")
128	Page 132, line 19, at end insert-- ("( ) The regulations may make provisions for support to be provided, before the determination of that question, to a person making a claim for support under the regulations by the Secretary of State or such local authority as may be prescribed.")
129	Page 132, line 19, at end insert-- ("( ) The local authority concerned" has such meaning as may be prescribed.")
130	Page 132, line 20, leave out ("and (5)")
131	Page 132, line 24, leave out ("a destitute") and insert ("an eligible")
132	Page 132, line 27, at end insert ("; or ( ) must or may be suspended or discontinued.")
133	Page 132, line 30, at end insert-- (" . The regulations may include provision-- (a) as to the level of support that is to be provided; (b) for support to be provided subject to conditions; (c) requiring any such conditions to be set out in writing; (d) requiring a copy of any such conditions to be given to such person as may be prescribed.")
134	Page 132, line 30, at end insert-- (" . The regulations may make provision that, in providing support, a local authority-- (a) are to have regard to such matters as may be prescribed; (b) are not to have regard to such matters as may be prescribed.")
135	Page 132, line 30, at end insert-- (". The regulations may include provision-- (a) prescribing particular areas, or descriptions of area, (which may include a locality within their own area) in which a local authority may not place asylum seekers while providing support for them; (b) prescribing circumstances in which a particular area, or description of area, (which may include a locality within their own area) is to be one in which a local authority may not place asylum seekers while providing support for them; (c) as to the circumstances (if any) in which any such provision is not to apply.")
136*	Page 132, line 31, leave out paragraph 6 and insert-- ("6.--(1) The regulations may make provision for the determination by the Secretary of State-- (a) for local authorities generally, (b) for prescribed descriptions of local authority, or (c) for particular local authorities, of the maximum number of asylum-seekers, or the maximum number of eligible persons, for whom the authorities or authority are required under the regulations to provide support. (2) The regulations may make provision for the referral by one local authority to another of a claim for support made under the regulations if the local authority to whom the claim is made consider that it is not manifestly unfounded but-- (a) they are providing support for a number of asylum-seekers equal to, or greater than, the prescribed maximum number of asylum-seekers applicable to them; or (b) they are providing support for a number of eligible persons equal to, or greater than, the prescribed maximum number of eligible persons applicable to them. (3) The regulations may provide that a referral may not be made-- (a) to a prescribed local authority; (b) to local authorities of a prescribed description; or (c) in prescribed circumstances. (4) The regulations may make provision for the payment by a local authority of any reasonable travel or subsistence expenses incurred as a result of a referral made by them. (5) The regulations may make provision for the transfer of a claim for support, or responsibility for providing support, under the regulations from one local authority to another on such terms as may be agreed between them. (6) In exercising any power under the regulations to refer or transfer, a local authority must have regard to such guidance as may be issued by the Secretary of State with respect to the exercise of the power.")
137*	Page 132, line 38, leave out ("a claim") and insert ("claims")
138*	Page 132, line 39, leave out from second ("to") to end of line 40 and insert ("prescribed local authorities or local authorities of a prescribed description.")
139*	Page 132, line 41, leave out sub-paragraph (2)
140	Page 133, line 6, leave out ("a person") and insert ("an asylum-seeker or a dependant of an asylum-seeker")
141*	Page 133, line 7, after ("receiving,") insert ("any prescribed description of")
142*	Page 133, line 7, leave out ("under any other prescribed enactment")
143*	Page 133, line 10, leave out ("claim")
144*	Page 133, line 11, leave out ("claim support under any other prescribed enactment") and insert ("any prescribed description of support, except to such extent (if any) as may be prescribed")
145	Page 133, line 13, leave out paragraphs 12 and 13 and insert-- (" . The interim period" means the period-- (a) beginning on the day prescribed for the purposes of this paragraph; and (b) ending on the day on which subsections (1) and (2) of section 111 come into force.")
	Clause 91
	BY THE LORD BASSAM OF BRIGHTON
146*	Page 61, line 32, at end insert-- ("( ) to enable dependants of the asylum seeker to attend bail proceedings in connection with his detention under any provision of the Immigration Acts; or ( ) to enable the asylum-seeker and his dependants to attend bail proceedings in connection with the detention of a dependant of his under any such provision.")
	BY THE LORD AVEBURY
147	Page 61, line 32, at end insert ("or ( ) to enable the supported person and his dependants (if any) to meet what appear to the Secretary of State to be expenses (other than expenses of a prescribed description) incurred in connection with an application for bail under the Immigration Acts.")
	BY THE DUKE OF NORFOLK THE LORD AVEBURY THE LORD COPE OF BERKELEY
148*	Page 61, line 32, at end insert-- ("( ) Expenses under subsection (1)(c) include those of obtaining specialist medical care and treatment for the supported person and his dependants (if any). ( ) Reasonable costs of travel to appointments with legal representatives acting for the supported person in his claim for asylum, and appointments for specialist medical care and treatment for himself and his dependants, shall be paid under this section.")
	BY THE LORD ALTON OF LIVERPOOL
149	Page 61, line 36, at end insert-- ("( ) Support provided by the Secretary of State under subsection (1)(b) or (c) must be by way of payments in cash or exchangeable at face value for cash.")
150	Page 61, line 37, leave out subsection (3)
	BY THE LORD AVEBURY
151	Page 61, line 40, at end insert-- ("( ) Where support is provided to a person by the Secretary of State under subsections (1) or (2) such vouchers or tokens must be redeemable by that person or by a nominee appointed by him in accordance with procedures set out in regulations under section 93 of this Act.")



© Parliamentary copyright 1999	Prepared 15 October 1999