The Asylum Support Regulations 2000

Provision of support

Kind and levels of support for essential living needs

10.—(1) This regulation applies where the Secretary of State has decided that asylum support should be provided in respect of the essential living needs of a person.

(2) As a general rule, asylum support in respect of the essential living needs of that person may be expected to be provided weekly in the form of vouchers redeemable for goods, services and cash whose total redemption value, for any week, equals the amount shown in the second column of the following Table opposite the entry in the first column which for the time being describes that person.

(3) In paragraph (1) and the provisions of paragraph (2) preceding the Table, “person” includes “couple”.

(4) In this regulation—

(a)“qualifying couple” means a married or unmarried couple at least one of whom is aged 18 or over and neither of whom is aged under 16;

(b)“lone parent” means a parent who is not a member of a married or unmarried couple;

(c)“single person” means a person who is not a parent or a member of a qualifying couple; and

(d)“parent” means a parent of a relevant child, that is to say a child who is aged under 18 and for whom asylum support is provided.

(5) Where the Secretary of State has decided that accommodation should be provided for a person (or couple) by way of asylum support, and the accommodation is provided in a form which also meets other essential living needs (such as bed and breakfast, or half or full board), the amounts shown in the Table in paragraph (2) shall be treated as reduced accordingly.

(6) The redemption value of the vouchers redeemable for cash which the Secretary of State may be expected to include in the asylum support provided for any week in accordance with paragraph (2) may, as a general rule, be expected not to exceed £10 per person (or, as the case may be, £20 per qualifying couple).

Additional single payments in respect of essential living needs

11.—(1) At the end of each qualifying period, the Secretary of State may as a general rule be expected to provide, or arrange for the provision of, additional support for an eligible person (in respect of his essential living needs) in the form of a single issue of vouchers redeemable for cash whose total redemption value equals £50.

(2) In paragraph (1) “eligible person” means a person for whom asylum support has been provided for the whole of the qualifying period.

(3) Each of the following is a qualifying period—

(a)the period of six months beginning with the day on which asylum support was first provided for the person; and

(b)each period of six months beginning with a re-start day.

(4) Each of the following is a re-start day—

(a)the day after the day on which the period mentioned in paragraph (3)(a) ends; and

(b)the day after the day on which a period mentioned in paragraph (3)(b) ends.

(5) Paragraph (1) applies only if an application for the additional support is made to the Secretary of State by or on behalf of the eligible person.

(6) Where a person is, in the opinion of the Secretary of State, responsible without reasonable excuse for a delay in the determination of his claim for asylum, the Secretary of State may treat any qualifying period as extended by the period of delay.

Income and assets to be taken into account in providing support

12.—(1) This regulation applies where it falls to the Secretary of State to decide the level or kind of asylum support to be provided for—

(a)a person applying for asylum support, or such an applicant and any dependants of his; or

(b)a supported person, or such a person and any dependants of his.

(2) In this regulation “the principal” means the applicant for asylum support (where paragraph (1)(a) applies) or the supported person (where paragraph (1)(b) applies).

(3) The Secretary of State must take into account—

(a)any income which the principal or any dependant of his has or might reasonably be expected to have,

(b)support which is or might reasonably be expected to be available to the principal or any dependant of his, and

(c)any assets mentioned in regulation 6(5) (whether held in the United Kingdom or elsewhere) which are or might reasonably be expected to be available to the principal or any dependant of his,

otherwise than by way of asylum support.

Accommodation

13.—(1) The matters mentioned in paragraph (2) are prescribed for the purposes of subsection (2)(b) of section 97 of the Act as matters to which regard may not be had when exercising the power under section 95 of the Act to provide accommodation for a person.

(2) Those matters are—

(a)his personal preference as to the nature of the accommodation to be provided; and

(b)his personal preference as to the nature and standard of fixtures and fittings;

but this shall not be taken to prevent the person’s individual circumstances, as they relate to his accommodation needs, being taken into account.

Services

14.—(1) The services mentioned in pararaph (2) may be provided or made available by way of asylum support to persons who are otherwise receiving such support, but may be so provided only for the purpose of maintaining good order among such persons.

(2) Those services are—

(a)education, including English language lessons,

(b)sporting or other developmental activities.