SCHEDULES

C2C3SCHEDULE 3Withholding and Withdrawal of Support

Annotations:
Modifications etc. (not altering text)

F1Fifth class of ineligible person: failed asylum-seeker with family

Annotations:
Amendments (Textual)
F1

Sch. 3 para. 7A and preceding cross-heading inserted (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 9(1), 48(1)-(3); S.I. 2004/2999, art. 2, Sch. (with transitional provisions in art. 4)

C17A

1

Paragraph 1 applies to a person if—

a

he—

i

is treated as an asylum-seeker for the purposes of Part VI of the Immigration and Asylum Act 1999 (c. 33) (support) by virtue only of section 94(3A) (failed asylum-seeker with dependent child), or

ii

is treated as an asylum-seeker for the purposes of Part 2 of this Act by virtue only of section 18(2),

b

the Secretary of State has certified that in his opinion the person has failed without reasonable excuse to take reasonable steps—

i

to leave the United Kingdom voluntarily, or

ii

to place himself in a position in which he is able to leave the United Kingdom voluntarily,

c

the person has received a copy of the Secretary of State’s certificate, and

d

the period of 14 days, beginning with the date on which the person receives the copy of the certificate, has elapsed.

2

Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).

3

For the purpose of sub-paragraph (1)(d) if the Secretary of State sends a copy of a certificate by first class post to a person’s last known address, the person shall be treated as receiving the copy on the second day after the day on which it was posted.

4

The Secretary of State may by regulations vary the period specified in sub-paragraph (1)(d).