C1Part 2Accommodation Centres

Annotations:
Modifications etc. (not altering text)

Use of centres

19 Destitution: definition

1

Where a person has dependants, he and his dependants are destitute for the purpose of this Part if they do not have and cannot obtain both—

a

adequate accommodation, and

b

food and other essential items.

2

Where a person does not have dependants, he is destitute for the purpose of this Part if he does not have and cannot obtain both—

a

adequate accommodation, and

b

food and other essential items.

3

In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.

4

In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State may not have regard to—

a

whether a person has an enforceable right to occupy accommodation,

b

whether a person shares all or part of accommodation,

c

whether accommodation is temporary or permanent,

d

the location of accommodation, or

e

any other matter prescribed for the purposes of this subsection.

5

The Secretary of State may by regulations specify items which are or are not to be treated as essential items for the purposes of subsections (1) and (2).

6

The Secretary of State may by regulations—

a

provide that a person is not to be treated as destitute for the purposes of this Part in specified circumstances;

b

enable or require the Secretary of State in deciding whether a person is destitute to have regard to income which he or a dependant of his might reasonably be expected to have;

c

enable or require the Secretary of State in deciding whether a person is destitute to have regard to support which is or might reasonably be expected to be available to the person or a dependant of his;

d

enable or require the Secretary of State in deciding whether a person is destitute to have regard to assets of a prescribed kind which he or a dependant of his has or might reasonably be expected to have;

e

make provision as to the valuation of assets.