SCHEDULES

SCHEDULE 3Withholding and Withdrawal of Support

Interpretation

17

1

In this Schedule—

  • “asylum-seeker” means a person—

    1. a

      who is at least 18 years old,

    2. b

      who has made a claim for asylum (within the meaning of section 18(3)), and

    3. c

      whose claim has been recorded by the Secretary of State but not determined,

  • “Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42),

  • “child” means a person under the age of eighteen,

  • “dependant” and “dependent” shall have such meanings as may be prescribed by regulations made by the Secretary of State,

  • “EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),

  • “local authority”—

    1. a

      in relation to England and Wales, has the same meaning as in section 129(3),

    2. b

      in relation to Scotland, has the same meaning as in section 129(4), and

    3. c

      in relation to Northern Ireland, means a health service body within the meaning of section 133(4)(d) and the Northern Ireland Housing Executive (for which purpose a reference to the authority’s area shall be taken as a reference to Northern Ireland),

  • “the Refugee Convention” means the Convention relating to the status of Refugees done at Geneva on 28th July 1951 and its Protocol, and

  • “removal directions” means directions under Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.), under Schedule 3 to that Act (deportation) or under section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom).

2

For the purpose of the definition of “asylum-seeker” in sub-paragraph (1) a claim is determined if—

a

the Secretary of State has notified the claimant of his decision,

b

no appeal against the decision can be brought (disregarding the possibility of an appeal out of time with permission), and

c

any appeal which has already been brought has been disposed of.

3

For the purpose of sub-paragraph (2)(c) an appeal is disposed of when it is no longer pending for the purpose of—

a

Part 5 of this Act, or

b

the Special Immigration Appeals Commission Act 1997 (c. 68).

4

The giving of directions in respect of a person under a provision of the Immigration Acts is not the provision of assistance to him for the purposes of this Schedule.