The Asylum Support Regulations 2000

Adequacy of existing accommodation

8.—(1) Subject to paragraph (2), the matters mentioned in paragraph (3) are prescribed for the purposes of subsection (5)(a) of section 95 of the Act as matters to which the Secretary of State must have regard in determining for the purposes of that section whether the accommodation of—

(a) a person applying for asylum support, or

(b) a supported person for whom accommodation is not for the time being provided by way of asylum support,

is adequate.

(2) The matters mentioned in paragraph (3)(a) and (d) to (g) are not so prescribed for the purposes of a case where the person indicates to the Secretary of State that he wishes to remain in the accommodation.

(3) The matters referred to in paragraph (1) are—

(a) whether it would be reasonable for the person to continue to occupy the accommodation;

(b) whether the accommodation is affordable for him;

(c) whether the accommodation is provided under section 98 of the Act, or otherwise on an emergency basis, only while the claim for asylum support is being determined;

(d) whether the person can secure entry to the accommodation;

(e) where the accommodation consists of a moveable structure, vehicle or vessel designed or adapted for human habitation, whether there is a place where the person is entitled or permitted both to place it and reside in it;

(f) whether the accommodation is available for occupation by the person’s dependants together with him;

(g) whether it is probable that the person’s continued occupation of the accommodation will lead to domestic violence against him or any of his dependants.

(4) In determining whether it would be reasonable for a person to continue to occupy accommodation, regard may be had to the general circumstances prevailing in relation to housing in the district of the local housing authority where the accommodation is.

(5) In determining whether a person’s accommodation is affordable for him, the Secretary of State must have regard to—

(a) any income, or any assets mentioned in regulation 6(5) (whether held in the United Kingdom or elsewhere), which is or are available to him or any dependant of his otherwise than by way of asylum support or support under section 98 of the Act, or might reasonably be expected to be so available;

(b) the costs in respect of the accommodation; and

(c) the person’s other reasonable living expenses.

(6) In this regulation—

(a) “domestic violence” means violence from a person who is or has been a close family member, or threats of violence from such a person which are likely to be carried out; and

(b) “district of the local housing authority” has the meaning given by section 217(3) of the Housing Act 1996(1).

(7) The reference in paragraph (1) to subsection (5)(a) of section 95 of the Act does not include a reference to that provision as applied by section 98(3) of the Act.

(1)

1996 c. 52.