Breach of conditions and suspension and discontinuation of support
Breach of conditions: decision whether to provide support
19.—(1) When deciding—
(a)whether to provide, or to continue to provide, asylum support for any person or persons, or
(b)the level or kind of support to be provided for any person or persons,
the Secretary of State may take into account the extent to which any relevant condition has been complied with.
(2) A relevant condition is a condition subject to which asylum support for that person or any of those persons is being, or has previously been, provided.
Suspension or discontinuation of support
20.—(1) Asylum support for a supported person and his dependants (if any), or for one or more dependants of a supported person, may be suspended or discontinued if—
(a)the Secretary of State has reasonable grounds to suspect that the supported person or any dependant of his has failed without reasonable excuse to comply with any condition subject to which the asylum support is provided;
(b)the Secretary of State has reasonable grounds to suspect that the supported person or any dependant of his has committed an offence under Part VI of the Act;
(c)the Secretary of State has reasonable grounds to suspect that the supported person has intentionally made himself and his dependants (if any) destitute;
(d)the supported person or any dependant of his for whom asylum support is being provided ceases to reside at the authorised address; or
(e)the supported person or any dependant of his for whom asylum support is being provided is absent from the authorised address—
(i)for more than seven consecutive days and nights, or
(ii)for a total of more than 14 days and nights in any six month period,
without the permission of the Secretary of State.
(2) For the purposes of this regulation, a person has intentionally made himself destitute if he appears to be, or to be likely to become within the period prescribed by regulation 7, destitute as a result of an act or omission deliberately done or made by him or any dependant of his without reasonable excuse while in the United Kingdom.
(3) For the purposes of this regulation, the authorised address is—
(a)the accommodation provided for the supported person and his dependants (if any) by way of asylum support; or
(b)if no accommodation is so provided, the address notified by the supported person to the Secretary of State in his application for asylum support or, where a change of his address has been notified to the Secretary of State under regulation 15, the address for the time being so notified.
Effect of previous suspension or discontinuation
21.—(1) Where—
(a)an application for asylum support is made,
(b)the applicant or any other person to whom the application relates has previously had his asylum support suspended or discontinued under regulation 20, and
(c)there has been no material change of circumstances since the suspension or discontinuation,
the application need not be entertained unless the Secretary of State considers that there are exceptional circumstances which justify its being entertained.
(2) A material change of circumstances is one which, if the applicant were a supported person, would have to be notified to the Secretary of State under regulation 15.
(3) This regulation is without prejudice to the power of the Secretary of State to refuse the application even if he has entertained it.