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The Asylum Support (Amendment) (No.2) Regulations 2004

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Statutory Instruments

2004 No. 1313

IMMIGRATION AND ASYLUM

The Asylum Support (Amendment) (No.2) Regulations 2004

Made

11th May 2004

Laid before Parliament

13th May 2004

Coming into force

4th June 2004

The Secretary of State, in exercise of the powers conferred upon him by section 166(3) of, and paragraphs 1, 3(a), 4 and 12 of Schedule 8 to, the Immigration and Asylum Act 1999 (1) hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Asylum Support (Amendment) (No.2) Regulations 2004 and shall come into force on 4th June 2004.

Amendment of regulation 10(2) of the Asylum Support Regulations 2000

2.  Regulation 10(2) of the Asylum Support Regulations 2000 (“the 2000 Regulations”) (2) is amended as follows—

(a)for “vouchers redeemable for cash whose total redemption value, for any week, equals” substitute “cash, equal to”;

(b)delete “, or a cash payment of that amount”.

Amendment of regulation 10A of the Asylum Support Regulations 2000

3.  Regulation 10A(1) of the 2000 Regulations is amended as follows—

(a)for “redemption value of the vouchers redeemable for cash” substitute “cash support which the Secretary of State may be expected to provide weekly as”;

(b)for “redemption value” substitute “cash support”.

Revocation and saving of regulation 11 of the Asylum Support Regulations 2000

4.—(1) Subject to paragraph (2), regulation 11 of the 2000 Regulations is hereby revoked.

(2) Regulation 11 shall continue to apply for the purposes of enabling the Secretary of State to make a payment to a person whose qualifying period ends on or before the date on which this regulation comes into force.

Amendment of the Schedule to the Asylum Support Regulations 2000

5.  The Notes to the Application form in the Schedule to the 2000 Regulations are amended as follows—

(a)in the Statement of Confidentiality for “voucher providers” substitute “cash support providers”;

(b)in Note 1 for “your vouchers did not arrive” substitute “you have a problem with your cash support”;

(c)in Note 13 for “voucher providers” substitute “cash support providers”.

Des Browne

Minister of State

Home Office

11th May 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations come into force on 4th June 2004. They amend the Asylum Support Regulations 2000 (“the 2000 Regulations”).

Regulation 2 amends regulation 10(2) of the 2000 Regulations (which was substituted by regulation 4(1) of the Asylum Support (Amendment) Regulations 2002). Regulation 10(2) sets out the kind and levels of support for essential living needs which the Secretary of State may be expected to provide as a general rule. The amendment made by regulation 2 replaces reference in regulation 10(2) to “vouchers redeemable for cash” with “cash”.

Regulation 3 amends regulation 10A of the 2000 Regulations (which was inserted by regulation 2 of the Asylum Support (Amendment) Regulations 2003). Regulation 10A sets out the additional support (to that provided under regulation 10(2)) which the Secretary of State shall as a general rule provide for a pregnant woman or a child under 3. The amendment made by regulation 3 replaces reference in regulation 10A to “vouchers redeemable for cash” with “cash support”.

Regulation 4 provides for the revocation and saving of regulation 11 of the 2000 Regulations. Regulation 11 had provided a power to the Secretary of State to make additional single payments at the end of each qualifying period. The saving retains the power to make such payments to a person whose qualifying period ends on or before the date on which regulation 4 comes into force.

Regulation 5 amends the Schedule to the 2000 Regulations to replace references to “voucher providers” and “vouchers” within the Notes to the Application form for asylum support with references to “cash support suppliers” and “cash support”.

(2)

S.I. 2000/704; regulation 10(2) was substituted by regulation 4(1) of the Asylum Support (Amendment) Regulations 2002 (S.I. 2002/472), regulation 10A was inserted by regulation 2 of the Asylum Support (Amendment) Regulations 2003 (S.I. 2003/241) and regulation 11 was amended by regulation 4(3) of the Asylum Support (Amendment) Regulations 2002.

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