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Nationality, Immigration and Asylum Act 2002

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45 Section 44: supplementalU.K.

This section has no associated Explanatory Notes

(1)The following shall be substituted for section 96(1)(b) of the Immigration and Asylum Act 1999 (ways of providing support)—

“(b)by providing the supported person and his dependants (if any) with food and other essential items;”.

(2)In section 97 of the Immigration and Asylum Act 1999 (c. 33) (support: supplemental)—

(a)in subsection (4) for “essential living needs” there shall be substituted “ food and other essential items ”,

(b)in subsection (5) for “essential living needs” there shall be substituted “ food and other essential items ”, and

(c)in subsection (6) for “living needs” there shall be substituted “ items ”.

(3)Paragraphs 2 and 6 of Schedule 8 to the Immigration and Asylum Act 1999 (support: regulations) shall cease to have effect.

(4)In paragraph 3 of Schedule 9 to the Immigration and Asylum Act 1999 (support: interim provision)—

(a)for “Subsections (3) to (8) of section 95” substitute “ Subsections (2) to (6) of section 95 ”, and

(b)for “subsections (5) and (7)” substitute “ subsections (4) and (5) ”.

(5)The following shall be substituted for section 21(1B) of the National Assistance Act 1948 (c. 29) (duty of local authority to provide accommodation: exclusion of destitute asylum-seeker: interpretation)—

“(1B)Section 95(2) to (7) of that Act shall apply for the purposes of subsection (1A) above; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.”

(6)The following shall be substituted for section 45(4B) of the Health Services and Public Health Act 1968 (c. 46) (local authority promotion of welfare of elderly: exclusion of destitute asylum-seeker: interpretation)—

“(4B)Section 95(2) to (7) of that Act shall apply for the purposes of subsection (4A) above; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.”

(7)[F1The following shall be substituted for paragraph 2(2B) of Schedule 8 to the National Health Service Act 1977 (c. 49) (local authority arrangements for prevention and care: exclusion of asylum-seeker: interpretation)—

“(2B)Section 95(2) to (7) of that Act shall apply for the purposes of sub-paragraph (2A) above; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local social services authority.”]

Textual Amendments

F1S. 45(7) repealed (coming into force in accordance with s. 8(5)(6) of the repealing Act) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

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