Section 19 — Nationality, Immigration and Asylum Act 2002: Destitution: definition

Destitution: definition 19 1 Where a person has dependants, he and his dependants are destitute for the purpose of this Part if they do not have and cannot obtain both—

a adequate accommodation, and b food and other essential items.

2 Where a person does not have dependants, he is destitute for the purpose of this Part if he does not have and cannot obtain both—

a adequate accommodation, and b food and other essential items.

3 In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.

4 In determining whether accommodation is adequate for the purposes of subsection (1) or (2) 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.

5 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 (1) and (2).

6 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.