Part 3Other Support and Assistance
44 Destitute asylum-seeker
1
Section 94 of the Immigration and Asylum Act 1999 (c. 33) (support for destitute asylum-seeker) shall be amended as follows.
2
In subsection (1) for the definition of “asylum-seeker” substitute—
“asylum-seeker” means a person—
a
who is at least 18 years old,
b
who is in the United Kingdom,
c
who has made a claim for asylum at a place designated by the Secretary of State,
d
whose claim has been recorded by the Secretary of State, and
e
whose claim has not been determined;
3
In subsection (1) for the definition of “dependant” substitute—
“dependant” in relation to an asylum-seeker or a supported person means a person who—
a
is in the United Kingdom, and
b
is within a prescribed class;
4
For subsection (3) substitute—
3
A claim for asylum shall be treated as determined for the purposes of subsection (1) at the end of such period as may be prescribed beginning with—
a
the date on which the Secretary of State notifies the claimant of his decision on the claim, or
b
if the claimant appeals against the Secretary of State’s decision, the date on which the appeal is disposed of.
3A
A person shall continue to be treated as an asylum-seeker despite paragraph (e) of the definition of “asylum-seeker” in subsection (1) while—
a
his household includes a dependant child who is under 18, and
b
he does not have leave to enter or remain in the United Kingdom.
5
Omit subsections (5) and (6).
6
The following shall be substituted for section 95(2) to (8) of the Immigration and Asylum Act 1999 (c. 33) (support for destitute asylum-seeker: interpretation)—
2
Where a person has dependants, he and his dependants are destitute for the purpose of this section if they do not have and cannot obtain both—
a
adequate accommodation, and
b
food and other essential items.
3
Where a person does not have dependants, he is destitute for the purpose of this section if he does not have and cannot obtain both—
a
adequate accommodation, and
b
food and other essential items.
4
In determining whether accommodation is adequate for the purposes of subsection (2) or (3) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.
5
In determining whether accommodation is adequate for the purposes of subsection (2) or (3) 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.
6
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 (2) and (3).
7
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.