Immigration and Asylum Act 1999

Provision of supportU.K.

95 Persons for whom support may be provided.U.K.

(1)The Secretary of State may provide, or arrange for the provision of, support for—

(a)asylum-seekers, or

(b)dependants of asylum-seekers,

who appear to the Secretary of State to be destitute or to be likely to become destitute within such period as may be prescribed.

(2)In prescribed circumstances, a person who would otherwise fall within subsection (1) is excluded.

(3)For the purposes of this section, a person is destitute if—

(a)he does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met); or

(b)he has adequate accommodation or the means of obtaining it, but cannot meet his other essential living needs.

(4)If a person has dependants, subsection (3) is to be read as if the references to him were references to him and his dependants taken together.

(5)In determining, for the purposes of this section, whether a person’s accommodation is adequate, the Secretary of State—

(a)must have regard to such matters as may be prescribed for the purposes of this paragraph; but

(b)may not have regard to such matters as may be prescribed for the purposes of this paragraph or to any of the matters mentioned in subsection (6).

(6)Those matters are—

(a)the fact that the person concerned has no enforceable right to occupy the accommodation;

(b)the fact that he shares the accommodation, or any part of the accommodation, with one or more other persons;

(c)the fact that the accommodation is temporary;

(d)the location of the accommodation.

(7)In determining, for the purposes of this section, whether a person’s other essential living needs are met, the Secretary of State—

(a)must have regard to such matters as may be prescribed for the purposes of this paragraph; but

(b)may not have regard to such matters as may be prescribed for the purposes of this paragraph.

(8)The Secretary of State may by regulations provide that items or expenses of such a description as may be prescribed are, or are not, to be treated as being an essential living need of a person for the purposes of this Part.

(9)Support may be provided subject to conditions.

(10)The conditions must be set out in writing.

(11)A copy of the conditions must be given to the supported person.

(12)Schedule 8 gives the Secretary of State power to make regulations supplementing this section.

(13)Schedule 9 makes temporary provision for support in the period before the coming into force of this section.

97 Supplemental.U.K.

(1)When exercising his power under section 95 to provide accommodation, the Secretary of State must have regard to—

(a)the fact that the accommodation is to be temporary pending determination of the asylum-seeker’s claim;

(b)the desirability, in general, of providing accommodation in areas in which there is a ready supply of accommodation; and

(c)such other matters (if any) as may be prescribed.

(2)But he may not have regard to—

(a)any preference that the supported person or his dependants (if any) may have as to the locality in which the accommodation is to be provided; or

(b)such other matters (if any) as may be prescribed.

(3)The Secretary of State may by order repeal all or any of the following—

(a)subsection (1)(a);

(b)subsection (1)(b);

(c)subsection (2)(a).

(4)When exercising his power under section 95 to provide essential living needs, the Secretary of State—

(a)must have regard to such matters as may be prescribed for the purposes of this paragraph; but

(b)may not have regard to such other matters as may be prescribed for the purposes of this paragraph.

(5)In addition, when exercising his power under section 95 to provide essential living needs, the Secretary of State may limit the overall amount of the expenditure which he incurs in connection with a particular supported person—

(a)to such portion of the income support applicable amount provided under section 124 of the M1Social Security Contributions and Benefits Act 1992, or

(b)to such portion of any components of that amount,

as he considers appropriate having regard to the temporary nature of the support that he is providing.

(6)For the purposes of subsection (5), any support of a kind falling within section 96(1)(c) is to be treated as if it were the provision of essential living needs.

(7)In determining how to provide, or arrange for the provision of, support under section 95, the Secretary of State may disregard any preference which the supported person or his dependants (if any) may have as to the way in which the support is to be given.

98 Temporary support.U.K.

(1)The Secretary of State may provide, or arrange for the provision of, support for—

(a)asylum-seekers, or

(b)dependants of asylum-seekers,

who it appears to the Secretary of State may be destitute.

(2)Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 95.

(3)Subsections (2) to (11) of section 95 apply for the purposes of this section as they apply for the purposes of that section.