Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

Treatment of claimants U.K.

13 [F1 Integration loans for refugees and others] U.K.

(1) The Secretary of State may make regulations enabling him to make loans [F2 —

(a) to refugees, and

(b) to such other classes of person, or to persons other than refugees in such circumstances, as the regulations may prescribe.]

(2) A person is a refugee for the purpose of subsection (1) if the Secretary of State has—

(a) recorded him as a refugee within the meaning of the Convention relating to the Status of Refugees done at Geneva on 28 July 1951, and

(b) [F3 granted him leave to enter or remain ]in the United Kingdom (within the meaning of section 33(1) of the Immigration Act 1971 (c. 77)).

(3) Regulations under subsection (1)—

(a) shall specify matters which the Secretary of State shall, in addition to other matters appearing to him to be relevant, take into account in determining whether or not to make a loan (and those matters may, in particular, relate to—

(i) a person’s income or assets,

(ii) a person’s likely ability to repay a loan, or

(iii) the length of time since a person was recorded as a refugee [F4 or since some other event) ],

(b) shall enable the Secretary of State to specify (and vary from time to time) a minimum and a maximum amount of a loan,

(c) shall prevent a person from receiving a loan if—

(i) he is under the age of 18,

(ii) he is insolvent, within a meaning given by the regulations, or

(iii) he has received a loan under the regulations,

(d) shall make provision about repayment of a loan (and may, in particular, make provision—

(i) about interest;

(ii) for repayment by deduction from a social security benefit or similar payment due to the person to whom the loan is made),

(e) shall enable the Secretary of State to attach conditions to a loan (which may include conditions about the use of the loan),

(f) shall make provision about—

(i) the making of an application for a loan, and

(ii) the information, which may include information about the intended use of a loan, to be provided in or with an application,

(g) may make provision about steps to be taken by the Secretary of State in establishing an applicant’s likely ability to repay a loan,

(h) may make provision for a loan to be made jointly to more than one [F5 person], and

(i) may confer a discretion on the Secretary of State.

(4) Regulations under this section—

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Textual Amendments

F1 S. 13 heading substituted (30.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 45(6), 62(1), 62(2); S.I. 2006/1497, art. 4

F2 Words in s. 13(1) substituted (30.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 45(2), 62(1), 62(2); S.I. 2006/1497, art. 4

F3 Words in s. 13(2)(b) substituted (30.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 45(3), 62(1), 62(2); S.I. 2006/1497, art. 4

F4 Words in s. 13(3)(a)(iii) inserted (30.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 45(4), 62(1), 62(2); S.I. 2006/1497, art. 4

F5 Word in s. 13(3)(h) substituted (30.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 45(5), 62(1), 62(2); S.I. 2006/1497, art. 4

Commencement Information

I1 S. 13 in force at 29.6.2006 by S.I. 2006/1517, art. 2