Immigration and Asylum Bill

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

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Other restrictions on assistance: Northern Ireland.

120. - (1) In Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1972 (prevention of illness, care and after-care), after paragraph (2) insert-

"(3) No arrangements made under paragraph (1) may be given effect in relation to a person to whom section 114 of the Immigration and Asylum Act 1999 applies."

(2) In Article 15 of that Order (general social welfare), after paragraph (5) insert-

	"(6) Assistance may not be provided under paragraph (1) in respect of any person to whom section 114 of the Immigration and Asylum Act 1999 applies 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.
	(7) Subsections (3) to (8) of section 93 of the Immigration and Asylum Act 1999 apply for the purposes of paragraph (6) as they apply for the purposes of that section, but for references to the Secretary of State in subsections (5) and (7) substitute references to the Department."

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

Support for children.

121. - (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 93.

(2) Subsections (3) and (4) apply if an application for support under section 93 has been made by an eligible person whose household includes a dependant under the age of 18 ("the child").

(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 93 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.

(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 93 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.

(5) No local authority may provide assistance under any of the child welfare provisions in respect of a dependant under the age of 18, or any member of his family, at any time when-

(a) the Secretary of State is complying with this section in relation to him; or

(b) there are reasonable grounds for believing that-

(i) the person concerned is a person for whom support may be provided under section 93; and

(ii) the Secretary of State would be required to comply with this section if that person had made an application under section 93.

(6) "Assistance" means the provision of accommodation or of any essential living needs.

(7) "The child welfare provisions" means-

(a) section 17 of the Children Act 1989 (local authority support for children and their families);

(b) section 22 of the Children (Scotland) Act 1995 (equivalent provision for Scotland); and

(8) Subsection (9) applies if accommodation provided in the discharge of the duty imposed by subsection (3) has been withdrawn.

(9) Only the relevant authority may provide assistance under any of the child welfare provisions in respect of the child concerned.

(10) "Relevant authority" means-

(a) in relation to Northern Ireland, the authority within whose area the withdrawn accommodation was provided;

(b) in any other case, the local authority within whose area the withdrawn accommodation was provided.

(11) In such circumstances as may be prescribed, subsection (5) does not apply.

Back-dating of benefits where person recorded as refugee.

122. - (1) This section applies if-

(a) a person is recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention; and

(b) before the refugee was so recorded, he or his dependant was a person to whom section 114 applied.

(2) Regulations may 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.

(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.

(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.

(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").

(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.

(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-

(a) for the determination, or for criteria for the calculation, of the value of that support; and

(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.

(8) The reductions permitted by subsection (7) must not exceed the amount of the valuation.

(9) "Regulations" means-

(a) in relation to jobseeker's allowance under the Jobseekers Act 1995, regulations made by the Secretary of State under that Act or the Social Security Administration Act 1992;

(b) in relation to jobseeker's allowance under the Jobseekers (Northern Ireland) Order 1995, regulations made by the Department under that Order or the Social Security Administration (Northern Ireland) Act 1992;

(c) in relation to a benefit under the Social Security Contributions and Benefits Act 1992, regulations made by the Secretary of State under that Act or the Social Security Administration Act 1992;

(d) in relation to a benefit under the Social Security Contributions and Benefits (Northern Ireland) Act 1992, regulations made by the Department under that Act or the Social Security Administration (Northern Ireland) Act 1992.

Miscellaneous

Secretary of State to be corporation sole for purposes of Part VI.

123. - (1) For the purpose of exercising his functions under this Part, the Secretary of State is a corporation sole.

(2) Any instrument in connection with the acquisition, management or disposal of property, real or personal, heritable or moveable, by the Secretary of State under this Part may be executed on his behalf by a person authorised by him for that purpose.

(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.

Prepared 22 October 1999