3A

If the authority decide that a duty is owed to the applicant under section 193(2) or 195(2) but would not have done so without having had regard to a restricted person, the notice under subsection (3) must also—

a

inform the applicant that their decision was reached on that basis,

b

include the name of the restricted person,

c

explain why the person is a restricted person, and

d

explain the effect of section 193(7AD) or (as the case may be) section 195(4A).

7

In this Part “a restricted person” means a person—

a

who is not eligible for assistance under this Part,

b

who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and

c

either—

i

who does not have leave to enter or remain in the United Kingdom, or

ii

whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.