SCHEDULES

SCHEDULE 9 Asylum Support: Interim Provisions

9

1

The regulations may make provision for the referral by one local authority to another of a claim for support made under the regulations if the local authority to whom the claim is made consider that it is not manifestly unfounded but—

a

they are providing support for a number of asylum-seekers equal to, or greater than, the maximum number of asylum-seekers applicable to them; or

b

they are providing support for a number of eligible persons equal to, or greater than, the maximum number of eligible persons applicable to them.

2

For the purposes of any provision made as a result of sub-paragraph (1), the regulations may make provision for the determination by the Secretary of State of—

a

the applicable maximum number of asylum-seekers;

b

the applicable maximum number of eligible persons.

3

The regulations may make provision for any such determination to be made—

a

for local authorities generally;

b

for prescribed descriptions of local authority; or

c

for particular local authorities.

4

The regulations may provide that a referral may not be made—

a

to a prescribed local authority;

b

to local authorities of a prescribed description; or

c

in prescribed circumstances.

5

The regulations may make provision for the payment by a local authority of any reasonable travel or subsistence expenses incurred as a result of a referral made by them.

6

The regulations may make provision for the transfer of a claim for support, or responsibility for providing support, under the regulations from one local authority to another on such terms as may be agreed between them.

7

In exercising any power under the regulations to refer or transfer, a local authority must have regard to such guidance as may be issued by the Secretary of State with respect to the exercise of the power.