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Immigration and Asylum Act 1999

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    Commentary on Sections

    Schedule 9

    Section 110: Payments to local authorities

    326.Subsection (1) gives the Secretary of State power to make payments to local authorities or to Northern Ireland authorities in connection with the expenditure they incur in relation to asylum seekers or former asylum seekers, or their dependants. Such payments might cover the costs to the authorities of providing accommodation for use by asylum seekers (rents etc), of providing other support, or those costs that are not reflected in the local government finance settlement of providing other services for asylum seekers. Subsection (2) gives the Secretary of State power to make payments to local authorities, local authority associations (eg the Local Government Association) or Northern Ireland authorities in respect of general services provided to the Secretary of State in connection with his asylum support functions.

    327.Subsection (3) gives the Secretary of State power to make payments to local authorities or local authority associations in respect of the liability to council tax that may fall to asylum seekers under the Local Government Finance Act 1992. Alternatively, it is possible to make regulations under that legislation to vary the liability for council tax of asylum seekers.

    328.Subsection (4) obliges the Secretary of State to make such payments as he considers reasonable to local authorities to which he makes a direction under section 101(3) to represent the costs to the authority of complying with the direction.

    329.Subsections (5) to (7) provide for payments to be made to bodies which have been made subject to directions under section 101(3).

    330.Subsection (8) provides that payments under subsections (1), (2) or (3) may be made on terms and conditions determined by the Secretary of State.

    331.Subsection (9) defines which Northern Ireland authorities are covered by the provisions of subsections (1) and (2).

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