“asylum-seeker” means a person—

a

who is at least 18 years old,

b

who is in the United Kingdom,

c

who has made a claim for asylum at a place designated by the Secretary of State,

d

whose claim has been recorded by the Secretary of State, and

e

whose claim has not been determined;

“dependant” in relation to an asylum-seeker or a supported person means a person who—

a

is in the United Kingdom, and

b

is within a prescribed class;

3

A claim for asylum shall be treated as determined for the purposes of subsection (1) at the end of such period as may be prescribed beginning with—

a

the date on which the Secretary of State notifies the claimant of his decision on the claim, or

b

if the claimant appeals against the Secretary of State’s decision, the date on which the appeal is disposed of.

3A

A person shall continue to be treated as an asylum-seeker despite paragraph (e) of the definition of “asylum-seeker” in subsection (1) while—

a

his household includes a dependant child who is under 18, and

b

he does not have leave to enter or remain in the United Kingdom.

2

Where a person has dependants, he and his dependants are destitute for the purpose of this section if they do not have and cannot obtain both—

a

adequate accommodation, and

b

food and other essential items.

3

Where a person does not have dependants, he is destitute for the purpose of this section if he does not have and cannot obtain both—

a

adequate accommodation, and

b

food and other essential items.

4

In determining whether accommodation is adequate for the purposes of subsection (2) or (3) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.

5

In determining whether accommodation is adequate for the purposes of subsection (2) or (3) the Secretary of State may not have regard to—

a

whether a person has an enforceable right to occupy accommodation,

b

whether a person shares all or part of accommodation,

c

whether accommodation is temporary or permanent,

d

the location of accommodation, or

e

any other matter prescribed for the purposes of this subsection.

6

The Secretary of State may by regulations specify items which are or are not to be treated as essential items for the purposes of subsections (2) and (3).

7

The Secretary of State may by regulations—

a

provide that a person is not to be treated as destitute for the purposes of this Part in specified circumstances;

b

enable or require the Secretary of State in deciding whether a person is destitute to have regard to income which he or a dependant of his might reasonably be expected to have;

c

enable or require the Secretary of State in deciding whether a person is destitute to have regard to support which is or might reasonably be expected to be available to the person or a dependant of his;

d

enable or require the Secretary of State in deciding whether a person is destitute to have regard to assets of a prescribed kind which he or a dependant of his has or might reasonably be expected to have;

e

make provision as to the valuation of assets.