(1)The Secretary of State may provide, or arrange for the provision of, support for—
(a)asylum-seekers, or
(b)dependants of asylum-seekers,
who appear to the Secretary of State to be destitute or to be likely to become destitute within such period as may be prescribed.
(2)In prescribed circumstances, a person who would otherwise fall within subsection (1) is excluded.
(3)For the purposes of this section, a person is destitute if—
(a)he does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met); or
(b)he has adequate accommodation or the means of obtaining it, but cannot meet his other essential living needs.
(4)If a person has dependants, subsection (3) is to be read as if the references to him were references to him and his dependants taken together.
(5)In determining, for the purposes of this section, whether a person’s accommodation is adequate, the Secretary of State—
(a)must have regard to such matters as may be prescribed for the purposes of this paragraph; but
(b)may not have regard to such matters as may be prescribed for the purposes of this paragraph or to any of the matters mentioned in subsection (6).
(6)Those matters are—
(a)the fact that the person concerned has no enforceable right to occupy the accommodation;
(b)the fact that he shares the accommodation, or any part of the accommodation, with one or more other persons;
(c)the fact that the accommodation is temporary;
(d)the location of the accommodation.
(7)In determining, for the purposes of this section, whether a person’s other essential living needs are met, the Secretary of State—
(a)must have regard to such matters as may be prescribed for the purposes of this paragraph; but
(b)may not have regard to such matters as may be prescribed for the purposes of this paragraph.
(8)The Secretary of State may by regulations provide that items or expenses of such a description as may be prescribed are, or are not, to be treated as being an essential living need of a person for the purposes of this Part.
(9)Support may be provided subject to conditions.
[F1(9A)A condition imposed under subsection (9) may, in particular, relate to—
(a)any matter relating to the use of the support provided, or
(b)compliance with a restriction imposed under paragraph 21 of Schedule 2 to the 1971 Act (temporary admission or release from detention) or paragraph 2 or 5 of Schedule 3 to that Act (restriction pending deportation).]
(10)The conditions must be set out in writing.
(11)A copy of the conditions must be given to the supported person.
(12)Schedule 8 gives the Secretary of State power to make regulations supplementing this section.
(13)Schedule 9 makes temporary provision for support in the period before the coming into force of this section.
Textual Amendments
F1S. 95(9A) inserted (7.11.2002) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 50(1) (with s. 159)
Modifications etc. (not altering text)
C1S. 95 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 55 (with s. 159); S.I. 2002/2811, art. 2, Sch.
S. 95 restricted (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 51, 162(1) (with s. 159)
C2S. 95 modified (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 22, 162(1) (with s. 159)
C3S. 95(2)-(7) applied (with modifications) (S.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), arts. 1(1), 14(2) (as substituted by 2002 c. 41, s. 46(4)), Sch. 1 para. 6
C4S. 95(2)-(7) applied (with modifications) (E.W.) (1.3.2007) by National Health Service (Wales) Act 2006 (c. 42), s. 208(1), Sch. 15 para. 2(7) (with s. 19(3))
C5S. 95(2)-(7) applied (with modifications) (E.W.) (1.3.2007) by National Health Service Act 2006 (c. 41), Sch. 20 para. 2(7)
C6S. 95(3)(5)-(8) applied (with modifications) (6.12.1999) by 1948 c. 29, s. 21(1B) (as inserted by 1999 c. 33, ss. 116, 169(2), Sch. 15 para. 5; S.I. 1999/3190, art. 2, Sch.)
S. 95(3)(5)-(8) applied (with modifications) (6.12.1999) by 1968 c. 46, s. 45(4B) (as inserted by 1999 c. 33, ss. 117(1), 169(2), Sch. 15 para. 6; S.I. 1999/3190, art. 2, Sch.)
S. 95(3)(5)-(8) applied (with modifications) (6.12.1999) by 1977 c. 49, Sch. 8 para 2 (2B) (as inserted by 1999 c. 33, ss. 117(2), 169(2), Sch. 15 para. 9; S.I. 1999/3190, art. 2, Sch.)
S. 95(3)(5)-(8) applied (with modifications) (1.3.2000 for specified purposes and otherwise 3.4.2000) by 1968 c. 49, ss. 12(2B), 13A(5), 13B(4) (as inserted by 1999 c. 33, ss. 120(1)-(3), 169(2), 170(4), Sch. 15 para. 7)
S. 95(3)(5)-(8) applied (with modifications) (1.3.2000 for specified purposes and otherwise 3.4.2000) by 1984 c. 36, ss. 7(4), 8(5) (as inserted by 1999 c. 33, ss. 120(4)(5), 169(2), 170(4), Sch. 15 para. 10)
Commencement Information
I1S. 95 wholly in force at 3.4.2000; s. 95(13) in force at Royal Assent see s. 170(3)(g); s. 95(3)-(8) in force for certain purposes at 6.12.1999 and s. 95 in force for certain purposes at 1.1.2000 insofar as not already in force by S.I. 1999/3190, art. 2, Sch.; s. 95 in force at 3.4.2000 insofar as not already in force by S.I. 2000/464, art. 2, Sch.