Nationality, Immigration and Asylum Act 2002

Section 54

SCHEDULE 3 U.K. Withholding and Withdrawal of Support

Modifications etc. (not altering text)

C1 Sch. 3 applied (with modifications) (25.2.2008) by The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 (S.I. 2008/212), regs. 1, 5(b), Sch. 2

C2 Sch. 3 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(k)

Ineligibility for support U.K.

1 (1) A person to whom this paragraph applies shall not be eligible for support or assistance under— U.K.

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 12 or 13A of the Social Work (Scotland) Act 1968 (c. 49) (social welfare services),

(d) Article 7 or 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, social welfare, &c.),

F3 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) section 29(1)(b) of the Housing (Scotland) Act 1987 (c. 26) (interim duty to accommodate in case of apparent priority need where review of a local authority decision has been requested),

(g) section 17, 23C, [F4 23CZB,] [F5 23CA,] 24A or 24B of the Children Act 1989 (c. 41) (welfare and other powers which can be exercised in relation to adults),

(h) Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (welfare and other powers which can be exercised in relation to adults),

(i) sections 22, 29 and 30 of the Children (Scotland) Act 1995 (c. 36) (provisions analogous to those mentioned in paragraph (g)),

(j) section 188(3) or 204(4) of the Housing Act 1996 (c. 52) (accommodation pending review or appeal),

F6 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (ka) section 1 of the Localism Act 2011 (local authority’s general power of competence),]

(l) a provision of the Immigration and Asylum Act 1999 (c. 33), F8 ...

(m) a provision of this Act [F9 , F10 ...

(n) Part 1 of the Care Act 2014 (care and support provided by local authority)] [F11 or

(o) Part 4 (duty of local authority to meet needs) or sections 105 to 116 (leaving care, accommodation and fostering) of the Social Services and Well-being (Wales) Act 2014.]

(2) A power or duty under a provision referred to in sub-paragraph (1) may not be exercised or performed in respect of a person to whom this paragraph applies (whether or not the person has previously been in receipt of support or assistance under the provision).

(3) An approval or directions given under or in relation to a provision referred to in sub-paragraph (1) shall be taken to be subject to sub-paragraph (2).

Textual Amendments

F1 Sch. 3 para. 1(1)(a) omitted (E.W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(2)

F2 Sch. 3 para. 1(1)(b) omitted (E.W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(2)

F3 Sch. 3 para. 1(1)(e) omitted (E.W) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(2)

F4 Word in Sch. 3 para. 1(1)(g) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 5; S.I. 2018/346, reg. 4(aa)

F5 Word in Sch. 3 para. 1(1)(g) inserted (1.4.2011 for E., 19.6.2012 in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 22(6), 44(4); S.I. 2010/2981, art. 4(g); S.I. 2012/1553, art. 2(a)

F6 Sch. 3 para. 1(1)(k) omitted (E.W.) (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 11(3); S.I. 2021/231, art. 6(r)

F7 Sch. 3 para. 1(1)(ka) inserted (28.3.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 1 para. 4

F8 Word in Sch. 3 para. 1(1)(l) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 67(3) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F9 Sch. 3 para. 1(1)(n) and word inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 67(4) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F10 Word in Sch. 3 para. 1(1)(m) omitted (E.W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(3)

F11 Sch. 3 para. 1(1)(o) and word inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4)

Exceptions U.K.

2 (1) Paragraph 1 does not prevent the provision of support or assistance— U.K.

(a) to a British citizen, or

(b) to a child, or

(c) under or by virtue of regulations made under paragraph 8, 9 or 10 below, or

(d) in a case in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1, or

(e) in circumstances in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1.

(2) Regulations under sub-paragraph (1)(d) may confer a discretion on the Secretary of State.

(3) Regulations under sub-paragraph (1)(e) may, in particular, disapply paragraph 1 to the provision of support or assistance by a local authority to a person where the authority—

(a) has taken steps in accordance with guidance issued by the Secretary of State to determine whether paragraph 1 would (but for the regulations) apply to the person, and

(b) has concluded on the basis of those steps that there is no reason to believe that paragraph 1 would apply.

(4) Regulations under sub-paragraph (1)(d) or (e) may confer a discretion on an authority.

(5) A local authority which is considering whether to give support or assistance to a person under a provision listed in paragraph 1(1) shall act in accordance with any relevant guidance issued by the Secretary of State under sub-paragraph (3)(a).

(6) A reference in this Schedule to a person to whom paragraph 1 applies includes a reference to a person in respect of whom that paragraph is disapplied to a limited extent by regulations under sub-paragraph (1)(d) or (e), except in a case for which the regulations provide otherwise.

Commencement Information

I1 Sch. 3 para. 2 wholly in force at 8.1.2003; Sch. 3 para. 2 not in force at Royal Assent see s. 162(2); Sch. 3 para. 2 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.

3 U.K. Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of—

(a) a person’s Convention rights, F12 ...

F12 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 3 para. 3(b) and preceding word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 13(4)(a)

First class of ineligible person: refugee status abroad U.K.

4 (1) Paragraph 1 applies to a person if he— U.K.

(a) has refugee status abroad, or

(b) is the dependant of a person who is in the United Kingdom and who has refugee status abroad.

(2) For the purposes of this paragraph a person has refugee status abroad if—

(a) he does not have the nationality of an EEA State [F13 and is not a British citizen], and

(b) the government of an EEA State F14 ... has determined that he is entitled to protection as a refugee under the Refugee Convention.

Textual Amendments

F13 Words in Sch. 3 para. 4(2)(a) inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 12(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Sch. 3 para. 4(2)(b) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 12(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Second class of ineligible person: citizen of other EEA State U.K.

F15 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Sch. 3 para. 5 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 13(4)(b)

Third class of ineligible person: failed asylum-seeker U.K.

6 (1) Paragraph 1 applies to a person if— U.K.

(a) he was (but is no longer) an asylum-seeker, and

(b) he fails to cooperate with removal directions issued in respect of him.

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

Fourth class of ineligible person: person unlawfully in United Kingdom U.K.

7 U.K. Paragraph 1 applies to a person if—

(a) he is in the United Kingdom in breach of the immigration laws within the meaning of [F16 section 50A of the British Nationality Act 1981] , and

(b) he is not an asylum-seeker.

Textual Amendments

F16 Words in Sch. 3 para. 7(a) substituted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 48(6), 58(2); S.I. 2009/2731, art. 4(g)

[F17 Fifth class of ineligible person: failed asylum-seeker with family U.K.

Textual Amendments

F17 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)

7A (1) Paragraph 1 applies to a person if— U.K.

(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).]

Modifications etc. (not altering text)

C3 Sch. 3 para. 7A: power to repeal conferred (prosp.) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 44, 62

Travel assistance U.K.

8 U.K. The Secretary of State may make regulations providing for arrangements to be made enabling a person to whom paragraph 1 applies by virtue of paragraph 4 F18 ... to leave the United Kingdom.

Textual Amendments

F18 Words in Sch. 3 para. 8 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 13(4)(c)

Commencement Information

I2 Sch. 3 para. 8 wholly in force at 8.1.2003; Sch. 3 para. 8 not in force at Royal Assent see s. 162(2); Sch. 3 para. 8 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.

Temporary accommodation U.K.

9 (1) The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person to whom paragraph 1 applies pending the implementation of arrangements made by virtue of paragraph 8. U.K.

(2) Arrangements for a person by virtue of this paragraph—

(a) may be made only if the person has with him a dependent child, and

(b) may include arrangements for a dependent child.

Commencement Information

I3 Sch. 3 para. 9 wholly in force at 8.1.2003; Sch. 3 para. 9 not in force at Royal Assent see s. 162(2); Sch. 3 para. 9 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.

10 (1) The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person if— U.K.

(a) paragraph 1 applies to him by virtue of paragraph 7, and

(b) he has not failed to cooperate with removal directions issued in respect of him.

(2) Arrangements for a person by virtue of this paragraph—

(a) may be made only if the person has with him a dependent child, and

(b) may include arrangements for a dependent child.

Commencement Information

I4 Sch. 3 para. 10 wholly in force at 8.1.2003; Sch. 3 para. 10 not in force at Royal Assent see s. 162(2); Sch. 3 para. 10 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.

Assistance and accommodation: general U.K.

11 U.K. Regulations under paragraph 8, 9 or 10 may—

(a) provide for the making of arrangements under a provision referred to in paragraph 1(1) or otherwise;

(b) confer a function (which may include the exercise of a discretion) on the Secretary of State, a local authority or another person;

(c) provide that arrangements must be made in a specified manner or in accordance with specified principles;

(d) provide that arrangements may not be made in a specified manner;

(e) require a local authority or another person to have regard to guidance issued by the Secretary of State in making arrangements;

(f) require a local authority or another person to comply with a direction of the Secretary of State in making arrangements.

Commencement Information

I5 Sch. 3 para. 11 wholly in force at 8.1.2003; Sch. 3 para. 11 not in force at Royal Assent see s. 162(2); Sch. 3 para. 11 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.

12 (1) Regulations may, in particular, provide that if a person refuses an offer of arrangements under paragraph 8 or fails to implement or cooperate with arrangements made for him under that paragraph— U.K.

(a) new arrangements may be made for him under paragraph 8, but

(b) new arrangements may not be made for him under paragraph 9.

(2) Regulations by virtue of this paragraph may include exceptions in the case of a person who—

(a) has a reason of a kind specified in the regulations for failing to implement or cooperate with arrangements made under paragraph 8, and

(b) satisfies any requirements of the regulations for proof of the reason.

Commencement Information

I6 Sch. 3 para. 12 wholly in force at 8.1.2003; Sch. 3 para. 12 not in force at Royal Assent see s. 162(2); Sch. 3 para. 12 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.

Offences U.K.

13 (1) A person who leaves the United Kingdom in accordance with arrangements made under paragraph 8 commits an offence if he— U.K.

(a) returns to the United Kingdom, and

(b) requests that arrangements be made for him by virtue of paragraph 8, 9 or 10.

(2) A person commits an offence if he—

(a) requests that arrangements be made for him by virtue of paragraph 8, 9 or 10, and

(b) fails to mention a previous request by him for the making of arrangements under any of those paragraphs.

(3) A person who is guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months.

Information U.K.

14 (1) If it appears to a local authority that paragraph 1 applies or may apply to a person in the authority’s area by virtue of [F19 paragraph 6, 7 or 7A] , the authority must inform the Secretary of State. U.K.

(2) A local authority shall act in accordance with any relevant guidance issued by the Secretary of State for the purpose of determining whether paragraph 1 applies or may apply to a person in the authority’s area by virtue of [F19 paragraph 6, 7 or 7A] .

Textual Amendments

F19 Words in Sch. 3 para. 14(1)(2) substituted (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 9(2), 48(1)-(3); S.I. 2004/2999, art. 2, Sch. (with transitional provisions in art. 4)

Power to amend Schedule U.K.

15 U.K. The Secretary of State may by order amend this Schedule so as—

(a) to provide for paragraph 1 to apply or not to apply to a class of person;

(b) to add or remove a provision to or from the list in paragraph 1(1);

(c) to add, amend or remove a limitation of or exception to paragraph 1.

Commencement Information

I7 Sch. 3 para. 15 wholly in force at 8.1.2003; Sch. 3 para. 15 not in force at Royal Assent see s. 162(2); Sch. 3 para. 15 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.

Orders and regulations U.K.

16 (1) An order or regulations under this Schedule must be made by statutory instrument. U.K.

(2) An order or regulations under this Schedule may—

(a) make provision which applies generally or only in specified cases or circumstances or only for specified purposes;

(b) make different provision for different cases, circumstances or purposes;

(c) make transitional provision;

(d) make consequential provision (which may include provision amending a provision made by or under this or another Act).

(3) An order under this Schedule, regulations under paragraph 2(1)(d) or (e) or other regulations which include consequential provision amending an enactment shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(4) Regulations under this Schedule to which sub-paragraph (3) does not apply shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I8 Sch. 3 para. 16 wholly in force at 8.1.2003; Sch. 3 para. 16 not in force at Royal Assent see s. 162(2); Sch. 3 para. 16 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.

Interpretation U.K.

17 (1) In this Schedule— U.K.

• “asylum-seeker” means a person—

  (a)

  who is at least 18 years old,

  (b)

  who has made a claim for asylum (within the meaning of section 18(3)), and

  (c)

  whose claim has been recorded by the Secretary of State but not determined,

• “Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42),

• “child” means a person under the age of eighteen,

• “dependant” and “dependent” shall have such meanings as may be prescribed by regulations made by the Secretary of State,

• “EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),

• “local authority”—

  (a)

  in relation to England and Wales, has the same meaning as in section 129(3),

  (b)

  in relation to Scotland, has the same meaning as in section 129(4), and

  (c)

  in relation to Northern Ireland, means a health service body within the meaning of section 133(4)(d) and the Northern Ireland Housing Executive (for which purpose a reference to the authority’s area shall be taken as a reference to Northern Ireland),

• “the Refugee Convention” means the Convention relating to the status of Refugees done at Geneva on 28th July 1951 and its Protocol, and

• “removal directions” means directions under Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.), under Schedule 3 to that Act (deportation) or under section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom).

(2) For the purpose of the definition of “asylum-seeker” in sub-paragraph (1) a claim is determined if—

(a) the Secretary of State has notified the claimant of his decision,

(b) no appeal against the decision can be brought (disregarding the possibility of an appeal out of time with permission), and

(c) any appeal which has already been brought has been disposed of.

[F20 (2A) For the purposes of the definition of “asylum-seeker” in sub-paragraph (1), a claim is also determined if the Secretary of State has notified the claimant that it has been declared inadmissible under section 80A or 80B.

(2B) But if a claim is—

(a) declared inadmissible under section 80B, and

(b) nevertheless considered by the Secretary of State in accordance subsection (7) of that section,

the claim ceases to be treated as determined from the time of the decision to consider the claim.]

(3) For the purpose of sub-paragraph (2)(c) an appeal is disposed of when it is no longer pending for the purpose of—

(a) Part 5 of this Act, or

(b) the Special Immigration Appeals Commission Act 1997 (c. 68).

(4) The giving of directions in respect of a person under a provision of the Immigration Acts is not the provision of assistance to him for the purposes of this Schedule.

Textual Amendments

F20 Sch. 3 para. 17(2A)(2B) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 17(7), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 16