Part VI Support for Asylum-Seekers
Provision of support
I1C1C295 Persons for whom support may be provided.
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.
C6C8C7C9C102
In prescribed circumstances, a person who would otherwise fall within subsection (1) is excluded.
C3C6C8C7C9C103
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.
C6C8C7C9C104
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.
C3C6C8C7C9C105
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).
C3C6C8C7C9C106
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.
C3C6C8C7C9C107
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.
C38
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.
F19A
A condition imposed under subsection (9) may, in particular, relate to—
a
any matter relating to the use of the support provided, or
b
compliance with a restriction imposed under paragraph 21 of Schedule 2 to the 1971 Act (temporary admission or release from detention) or paragraph 2 or 5 of Schedule 3 to that Act (restriction pending deportation).
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.
96 Ways in which support may be provided.
1
Support may be provided under section 95—
a
by providing accommodation appearing to the Secretary of State to be adequate for the needs of the supported person and his dependants (if any);
C4b
by providing what appear to the Secretary of State to be essential living needs of the supported person and his dependants (if any);
c
to enable the supported person (if he is the asylum-seeker) to meet what appear to the Secretary of State to be expenses (other than legal expenses or other expenses of a prescribed description) incurred in connection with his claim for asylum;
d
to enable the asylum-seeker and his dependants to attend bail proceedings in connection with his detention under any provision of the Immigration Acts; or
e
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.
2
If the Secretary of State considers that the circumstances of a particular case are exceptional, he may provide support under section 95 in such other ways as he considers necessary to enable the supported person and his dependants (if any) to be supported.
3
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F3But the Secretary of State may by order provide for subsection (3) not to apply—
a
in all cases, for such period as may be specified;
b
in such circumstances as may be specified;
c
in relation to specified categories of person; or
d
in relation to persons whose accommodation is in a specified locality.
5
F3The Secretary of State may by order repeal subsection (3).
6
F3“Specified” means specified in an order made under subsection (4).
I297 Supplemental.
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—
F4za
to such portion of the maximum amount of an award of universal credit under section 8(1) of the Welfare Reform Act 2012, or
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 F5or elements 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.
I3C598 Temporary support.
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.