Immigration and Asylum Act 1999

113 Recovery of expenditure on support from sponsor. U.K.

(1) This section applies if—

(a) a person (“the sponsor”) has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person; and

(b) during any period in relation to which the undertaking applies, support under section 95 is provided to or in respect of that other person.

(2) The Secretary of State may make a complaint against the sponsor to a magistrates’ court for an order under this section.

(3) The court—

(a) must have regard to all the circumstances (and in particular to the sponsor’s income); and

(b) may order him to pay to the Secretary of State such sum (weekly or otherwise) as it considers appropriate.

(4) But such a sum is not to include any amount attributable otherwise than to support provided under section 95.

(5) In determining—

(a) whether to order any payments to be made in respect of support provided under section 95 for any period before the complaint was made, or

(b) the amount of any such payments,

the court must disregard any amount by which the sponsor’s current income exceeds his income during that period.

(6) An order under this section is enforceable as a magistrates’ court maintenance order within the meaning of section 150(1) of the M1 Magistrates’ Courts Act 1980.

(7) In the application of this section to Scotland—

(a) omit subsection (6);

(b) for references to a complaint substitute references to an application; and

(c) for references to a magistrates’ court substitute references to the sheriff.

(8) In the application of this section to Northern Ireland, for references to a magistrates’ court substitute references to a court of summary jurisdiction and for subsection (6) substitute—

“(6) An order under this section is an order to which Article 98(11) of the M2 Magistrates’ Courts (Northern Ireland) Order 1981 applies.”

Modifications etc. (not altering text)

C1 S. 113 applied (with modifications) (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 35(1)(g)(2), 162(1) (with s. 159)

Marginal Citations

M1 1980 c. 43.

M2 S.I. 1981/1675 (N.I. 26).